The Biden administration is moving to give states and tribal authorities more leeway in approving or denying permits for projects that include oil and natural gas pipelines that cross waterways.

Mountain Valley Pipeline

Under Section 401 of the federal Clean Water Act (CWA), states and authorized tribes have allowed to grant, deny or waive certification for proposed federal licenses or permits that may discharge into waters of the United States. 

However, the Trump administration last year set a maximum one-year timetable for states and tribes to affirm or deny permits. 

A joint memo issued last week by the U.S. Environmental Protection Agency (EPA) and the U.S. Army’s Civil Works office would allow states and tribal authorities to extend their reviews beyond one year. 

The nine-page memo...