EXCLUSIVE: Trump EPA Cracks Down On Blue State Threats To American Energy Dominance

The Trump administration is cracking down on blue state abuses of federal environmental legislation that impedes the White House’s push for American energy dominance.

The Environmental Protection Agency plans to issue a memo on Thursday clarifying the authority of state and tribal governments under Section 401 of the Clean Water Act. In recent years, states like New York and Washington have invoked that section to kill major fossil fuel projects, despite those states’ high energy prices.

“Under the last Administration, certain states attempted to leverage the Clean Water Act to undercut projects that would boost national and regional development and unleash American energy resources,” EPA Administrator Lee Zeldin said in a statement. “With this memorandum, EPA is reinforcing the limits on Clean Water Act section 401 certification to support energy, critical mineral, and infrastructure projects that are key to economic growth and Power the Great American Comeback.”

Under Section 401, state and tribal governments may block “any activity that may result in any discharge into waters of the United States,” according to the EPA’s website. The law was designed to give local officials authority to step in if federally-permitted activities threatened water quality.

In 2020, the Trump EPA restricted the use of Section 401 authority. The move roiled blue states, and a coalition of 19 attorneys general joined together to sue the administration over the rule change. The Biden administration reversed the Trump rules in 2022.

Now, the Trump administration is reinstating its 2020 guidance in an effort to stop state-level Democrats from using the law to block key fossil fuel projects, such as pipelines and coal shipping terminals.

According to the Trump administration, Democrats have expanded use of the rule beyond its statutory role. In 2017, several states blocked construction of a series of massive coal export terminals, the Millennium Bulk Terminals, in southwestern Washington.

In a letter denying the project approval, Washington State officials said they lacked “reasonable assurance” under Section 401 that mitigation efforts would offset damage done to wetlands and waterways. State officials also cited the State Environmental Policy Act to claim “diesel emissions” from trains, “adverse impacts to vehicle traffic,” and “[t]rain-related noise levels” were among other reasons why the project should be killed.

Former New York Governor Andrew Cuomo (D), who is currently running for mayor of New York City, blocked multiple pipeline projects during his tenure using Section 401. Cuomo blocked the Northern Access Pipeline in 2017, the Northeast Supply Enhancement Pipeline in 2018, and the Constitution Pipeline in 2019.

While natural gas pipeline projects were being blocked, New York has suffered under threats of shortages because of squeezed pipeline capacity. In January, the North American Electric Reliability Corp. said New York’s energy infrastructure is under “severe threats to reliability” because of its lack of extra pipeline capacity in the event of severe weather.

New York Governor Kathy Hochul (D) continued Cuomo’s stance against natural gas pipelines, blocking the Northern Access Pipeline again in 2024 after it had received approval from the Federal Energy Regulatory Commission. While the state’s top Democrats have continued to kill pipeline projects, New York energy prices have remained some of the highest in the country.