Exclusive — GOP Bill Would Codify Trump-Era Rule Blocking States from Stifling Pipeline Construction

Rep. Ted Budd (R-NC) is seeking to codify a Trump-era rule that limits states  throwing up regulatory roadblocks to pipeline construction, Breitbart News learned exclusively on Wednesday.

The congressman and Trump-endorsed U.S. Senate candidate is set to introduce a bill on Thursday which would cement the 2020 Clean Water Act Section 401 Certification Rule. The rule was created to limit states’ review power after Republicans in Congress reported that some states were using the permitting process detailed in Section 401 of the Federal Water Pollution Control Act to stop new energy projects.

The bill is the House companion to Sen. Shelley Moore Capito’s (R-WV) Section 401 Certification Act, which was introduced in November of 2021. Budd told Breitbart News in a statement that his bill, entitled the “Build More Pipelines Act,” would help encourage U.S. energy independence and lower fuel costs.

The congressman explained:

As working families struggle to afford to put gas in their tanks, the need for America to return to energy dominance is needed now more than ever. The Trump administration prevented states from abusing Section 401 of the Clean Water Act to block the building of energy pipelines. My bill simply codifies this common sense rule so that we can build more pipelines and lower the price of fuel. 

The Federal Water Pollution Control Act is meant to be used to allow states and tribes to protect the quality of their waters from adverse impacts resulting from federally licensed or permitted projects. The bill text explains that in years preceding the enactment of the 401 Certification Rule, “states have denied water quality certifications… for reasons other than protecting water quality, such as downstream green house emissions.” Former President Donald Trump’s rule established that states are not allowed to consider factors that have nothing to do with water quality when considering certifications for projects, like pipelines and other infrastructure projects.  

The rule also specified a one-year statutory and regulatory timeline for state certification review, as well as the Environment Protection Agency’s (EPA) responsibility to provide technical assistance through the certification process.

The Trump-era rule faced judicial opposition but was ultimately reinstated by the Supreme Court in April of 2022. However, the court’s decision does not bar President Joe Biden from his plans to rewrite the rule. 

The EPA announced a proposed rule change in June of 2022, which would again expand state review of water quality certifications for federally licensed or permitted projects. The proposed rule would also allow certifying authorities the right to decide what constitutes a “reasonable period of time” for certification review. 

The EPA’s proposed rule is yet another example of how the Biden administration continues to prioritize its radical “climate change” agenda at the expense of U.S. energy independence and the economy.