"The rule, which does not require action by Congress, includes a suite of procedural changes to section 401 of the Clean Water Act - a law enacted in the 1970s that is the primary federal statute governing water pollution in the United States. For decades, section 401 has granted states and tribes the authority to approve, impose conditions on, or reject, federal permits for projects that they determine will pollute or damage local waterways."
"Now, the Trump administration aims to scale back that authority in order to expedite projects and "unleash energy dominance," said Jess Kramer, EPA assistant administrator for water, in a press briefing. "This proposed rule is the next step in ensuring that states and tribes only utilize section 401 for its statutory purpose to protect water quality and not as a weapon to shut down projects.""
EPA proposed a rule to streamline and accelerate permitting for large energy and infrastructure projects by revising procedural elements of Clean Water Act Section 401. The rule would limit states' and tribes' authority to approve, condition, or deny federal water-related permits and would set tighter timelines and documentation requirements. Administration officials say the changes address implementation problems that create lengthy certification timelines and stall projects, framing the rule as necessary to support energy development. Opponents argue the revisions would weaken water-quality protections, erode tribal sovereignty, and favor industry, prompting protests and likely litigation.
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