Americans want a clean and safe environment. This is a shared value regardless of ideology; nobody, either on the left or the right, has a monopoly on caring about the environment. However, while there is wide agreement that a clean environment is important, the path toward maintaining it, or addressing challenges, is often filled with disagreement.
There are seemingly endless regulatory obstacles for critical infrastructure projects. One of these obstacles is starting to get some much-needed attention: abuse of Section 401 of the Clean Water Act.
A central feature of the Clean Water Act (CWA) is cooperative federalism. In fact, right at the start of the statute, Congress made it clear that states are expected to take the leading role in addressing water pollution.
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