Supreme Court reinstates Trump-era water rule, for now

The Supreme Court on Wednesday reinstated for now a Trump-era rule that curtails the power of states and Native American tribes to block pipelines and other energy projects that can pollute rivers, streams and other waterways.

In a decision that split the court 5-4, the justices agreed to halt a lower court judge’s order throwing out the rule. The high court’s action does not interfere with the Biden administration’s plan to rewrite the rule. Work on a revision has begun, but the administration has said a final rule is not expected until the spring of 2023. The Trump-era rule will remain in effect in the meantime.

The court’s three liberal justices and Chief Justice John Roberts dissented. The court’s other conservative justices, including three nominated by President Donald Trump, voted to reinstate the rule.

Writing for the dissenters, Justice Elena Kagan said the group of states and industry associations that had asked for the lower court’s ruling to be put on hold had not shown the extraordinary circumstances necessary to grant that request.