Environment · rulemaking
Environment/rulemaking: EPA proposes narrowing states’ and Tribes’ Clean Water Act §401 leverage
What happened: EPA proposed revising §401 rules; critics say it weakens state/Tribal oversight; EPA says it streamlines permitting.
Receipts: Notice + comment timeline + final rule forecast (per reporting).
Receipts: Notice + comment timeline + final rule forecast (per reporting).
Timeline
2023
Biden-era §401 rule in place (baseline).
2026-01-13
Reuters reports Trump administration proposes revision to limit state/Tribal leverage; public comment window described.
2026 (spring)
AP reports a final rule expected after public comment period ending in spring 2026.
What the proposal targets
Section 401 is the checkpoint where states and Tribes can certify that federally permitted projects comply with water-quality requirements. Narrowing what counts as relevant review shifts power toward federal permitting and project proponents.
How to cover this without spin
Link the proposal, summarize the legal hook (scope of review, deadlines, documentation), and track who comments: states, Tribes, industry, environmental groups. Then track what the final rule actually says.
What to watch
Litigation. This is a classic administrative-law battleground: if the final rule narrows authority too far, expect lawsuits; if it broadens too far, expect lawsuits. Receipts are filings and rulings.