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4h ago

EPA Proposes Rule to Curb State and Tribal Power Over Water-Permit Reviews

EPA says the change would speed permits for energy projects, including data center builds for AI, with a 30-day comment window before a planned spring final rule.

FILE - Bethsaida Sigaran, left, of Baltimore, her brother Jaime Sigaran, with American Rivers, and Thea Louis, with Clean Water Action, join other supporters of the Clean Water Act as they demonstrate outside the Supreme Court, Oct. 3, 2022, in Washington, as the court begins arguments in Sackett v. Environmental Protection Agency (EPA). (AP Photo/Jacquelyn Martin, File)
FILE - A man carries a sign before a rally opposing the Constitution Pipeline outside the state Capitol in Albany, N.Y., April 5, 2016. (AP Photo/Mike Groll, File)
U.S. President Donald Trump looks on as he signs executive orders and proclamations in the Oval Office at the White House, in Washington, D.C., U.S., May 5, 2025. REUTERS/Leah Millis/File Photo
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Overview

  • The proposal would narrow Section 401 reviews to direct discharges into federally regulated waters and limit the grounds for denying or conditioning permits.
  • States and authorized tribes would face stricter timelines, standardized application requirements, and obligations to fully justify any conditions or rejections.
  • Under Administrator Lee Zeldin, EPA says the change will streamline approvals for pipelines, energy projects, and data centers supporting AI infrastructure.
  • Assistant Administrator Jess Kramer called the 2023 Biden rule inefficient and said Section 401 should not be used to shut down projects for political reasons.
  • The move follows the Supreme Court’s Sackett decision that reduced waters covered by the Clean Water Act and continues a years-long policy swing across administrations.