Environment · rulemaking
Environment: EPA’s Clean Water Act §401 memo and what it signals
Why it matters: §401 is a leverage point for states/Tribes in federally-permitted projects; narrowing its scope shifts power in permitting disputes.
Timeline
EPA’s own Section 401 page documents a May 21, 2025 memorandum on the scope of certification, describing it as clarifying the significant but limited role states and Tribes play under §401 in federal licensing/permitting.
EPA also issued a related press release framing the action as aligning §401 with its broader agenda; the framing matters because it signals intent and priorities, even when the legal authority is grounded in the Clean Water Act.
E&E News (Politico) reported on the memo as a warning that states and tribes cannot use §401 as a ‘weapon’ to block energy projects. The receipts question is simple: what changed operationally, and what do states/Tribes do next (litigation, guidance, permitting behavior)?