President Biden Wanted To Keep One of Donald Trump's Policies Around For Awhile. A Judge Said, "No."
"Build Back Better" my big butt:
On Thursday, Judge William H. Alsup of the United States District Court for the Northern District of California in San Francisco threw out a June 2020 Environmental Protection Agency (EPA) rule changing the Clean Water Act Section 401 certification process to allow federal agencies to approve large projects—including fossil fuel pipelines, hydroelectric dams, industrial plants, wetland developments, and municipal facilities—against the wishes of states and Native American tribes.
In July 2020, 20 states and the District of Columbia sued the Trump administration over the rule change. That September, Indigenous tribes and green groups also filed suit against the administration, claiming the new rule would jeopardize tribal and state efforts to protect their water quality.
"We feel vindicated by this win today," Western Environmental Law Center (WELC) attorney Sangye Ince-Johannsen said in a statement following the ruling. "The court's order immediately restores an essential clean water safeguard—and the careful balance of state and federal power to protect clean water—that Congress intended when it wrote the Clean Water Act."
Ince-Johannsen added that "the Trump administration took an industry wish list and ran with it, trampling over state and tribal authority and public rights to clean water in the process."
The rule change, which was first proposed in 2019 and finalized in June 2020 during the tenure of former coal lobbyist and then-EPA Administrator Andrew Wheeler, set a one-year deadline for permitting decisions and limited the factors that state and tribal officials could consider.
At the time, Food & Water Action executive director Wenonah Hauter called the move—part of a broader regulatory rollback aggressively pursued during the administration of former President Donald Trump—"vindictive, spiteful, and capricious."
The Biden administration in July asked the California federal court to keep its predecessor's controversial rule in place until 2023 pending revision. Alsup found that "plaintiffs have established that significant environmental harms will likely transpire" if he granted the administration's request.
So Trump changed the rule in June 2020 but Biden's people wanted to keep it intact until 2023? Why? And why for three more years? Haven't indigenous people/Native Americans suffered enough?
Keep in mind that this is the same guy that members of the Progressive Caucus praise like he's the new FDR.
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