Restoring Federalism in Clean Water Permitting Act
Restoring Federalism in Clean Water Permitting Act aims to shift more control of the Section 404 permit program for dredge-and-fill activities to states by requiring the EPA to review and revise its rules to streamline the state-approval process and reduce administrative burdens. The goal is to encourage more states to administer their own 404 permit programs, with the expectation that federal oversight would be more efficient and state-led. The bill also overhauls how judicial challenges to EPA-approved state 404 programs can proceed. It creates a tight timeline for lawsuits (a 60-day deadline to file after approval) and requires challengers to have submitted a detailed public comment during the related rulemaking. If a court finds noncompliance, it generally must remand the matter to the EPA rather than vacating the state’s permitting authority, and any further court-directed actions must be completed within 180 days. The overall effect is a stronger emphasis on state administration and more rapid, narrowed oversight by the courts. Sponsor: Rep. Patronis. Status: Introduced (House, 119th Congress). The bill text was introduced on June 11, 2025 and referred to the Committee on Transportation and Infrastructure.
Key Points
- 1EPA regulatory review mandate: Within 180 days of enactment, the EPA Administrator must review the regulations governing state approval of Section 404 permit programs and identify revisions to streamline the process, reduce burdens, and encourage more states to administer their own 404 programs; implement those revisions as appropriate.
- 2Push for more state programs: The revisions are intended to streamline approvals and make it easier for states to take over administration of the Section 404 permit program from the federal government.
- 3New judicial-review framework: Amends Section 404 to add a “Judicial Review” subsection that creates a 60-day statute of limitations to file suit after an approval, limits who may challenge (must have submitted a detailed public comment during the relevant proceedings), and ties the remedy to remand rather than outright vacating state authority.
- 4Remand-centric remedy with limits: If a court finds noncompliance, it must remand to the EPA for further action; the court may not suspend the state's authority to issue permits unless there is an imminent and substantial danger with no other equitable remedy.
- 5Timelines for court-ordered action: When remanding, the court must set a reasonable schedule (not to exceed 180 days) for the EPA to take actions as directed by the court.