Weekly Focus

Permit Bill’s CWA 401 Provisions Raise Questions About EPA Proposal

August 4, 2022
The permit reform deal agreed to by Sen. Joe Manchin (D-WV) and Democratic leaders includes provisions affecting how states review whether federally permitted projects meet state water quality standards under the section 401 of the Clean Water Act (CWA), raising questions about how this might affect EPA’s ongoing rulemaking that differs from the deal. The permitting reform provisions would “improve” section 401 “by incorporating improvements from both the Trump and Biden administrations,” according to a summary of the deal released...

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