EPA Proposes Limiting State Reviews Under Clean Water Act

The Environmental Protection Agency proposed a rule on Tuesday that would limit the authority of states and Native American tribes to review and condition federal permits for major energy and infrastructure projects under Section 401 of the Clean Water Act, aiming to accelerate approvals for pipelines, dams and data centers while focusing oversight solely on direct water pollution discharges.

The changes target a provision of the 1972 law that has allowed states and tribes to evaluate the broader water quality impacts of federally permitted projects, such as oil and gas facilities or artificial intelligence infrastructure. EPA officials described the proposal as a way to eliminate delays they view as unnecessary, ensuring reviews adhere strictly to protecting water from point-source pollution rather than halting projects for other reasons. "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," said Jess Kramer, the agency's assistant administrator for water, during a press briefing.

Under the rule, applicants would submit a standardized set of...