Trump's EPA moves to roll back state water permit power under Clean Water Act
(UI) — The U.S. Environmental Protection Agency has proposed rolling back how much authority states and authorized tribes have to delay or block federally permitted projects under the Clean Water Act, a shift aimed at accelerating construction of pipelines, energy facilities and data centers, according to the Associated Press.
The proposal would revise Section 401 of the Clean Water Act, narrowing the scope of water quality reviews and limiting states’ ability to impose broad conditions or denials on projects that cross rivers, streams and wetlands. EPA officials say the change would reduce permitting delays while still allowing states to protect water resources.
State authority under Section 401 has shifted repeatedly in recent years. The Trump administration restricted it during the president’s first term, the Biden administration expanded it in 2023, and the new proposal would again tighten limits—focusing reviews on direct discharges to federally regulated waters rather than broader environmental impacts.
The EPA said the update is especially important as demand grows for energy infrastructure and large data centers, many of which require water quality certifications. Kramer said the goal is to give project developers clearer rules and more certainty.
The proposal follows a 2023 Supreme Court ruling that reduced federal oversight of wetlands, increasing the stakes around how remaining Clean Water Act authorities are applied. A public comment period is expected, with a final rule anticipated later this spring, as reported by the Associated Press.
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