What was originally meant to “restore and maintain the chemical, physical, and biological integrity of the Nation’s Waters” has drifted into a mechanism to delay or block federally permitted energy and infrastructure projects for reasons unrelated to water quality.
Section 401 under the Clean Water Act should serve as a safeguard, not a procedural chokepoint. The Environmental Protection Agency’s recently proposed rule would eliminate regulatory overreach while returning Section 401 to “its proper statutory purpose.”
Section 401 gives states and authorized tribes the power to approve, deny or condition federal permits and licenses for any project that may discharge pollutants into U.S. waters. Permit applicants must obtain state or tribal certification that the project will comply with water-quality standards, without which the federal permit cannot be issued.
Kristen Walker is Senior Policy Analyst and Manager for Energy and Transportation with the American Consumer Institute, a nonprofit education and research organization. For more information about the Institute follow us on X @ConsumerPal