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119-hr-3902119th Congress

Restoring Federalism in Clean Water Permitting Act

Sponsored By: Representative Patronis, Jimmy [R-FL-1]

In Committee

Summary

Promotes State control over Clean Water Act Section 404 permitting. This bill would direct EPA to review and streamline the regulations for approving State Section 404 permit programs and to implement any appropriate revisions to encourage broader State participation.

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  • States: Encourages more States to administer Section 404 permit programs by cutting administrative burdens and clarifying approval rules.
  • EPA: Requires EPA to finish a comprehensive review within 180 days after enactment and to implement streamlining changes as appropriate.
  • Legal challengers and courts: Limits challenges by requiring lawsuits be filed within 60 days and by parties who submitted sufficiently detailed comments. Courts generally cannot vacate a State's permit authority unless they find imminent and substantial danger and may set a schedule, up to 180 days, for EPA to act on remand.

*The bill contains no new funding authorizations, appropriations, or tax changes.*

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

EPA would speed state water permits

If enacted, EPA would review its rules for approving State section 404 permit programs. The review would finish within 180 days. The goal is to speed approvals, cut paperwork, and encourage more States to run these programs. EPA would then change rules, as appropriate, to carry out the findings. The bill does not add new funding.

Tighter court rules for state permit programs

If enacted, lawsuits over EPA approvals of State section 404 permit programs would face stricter limits. Any lawsuit would need to be filed within 60 days of the approval. Only people who made a detailed public comment on that issue could sue. Courts would usually send cases back to EPA instead of canceling permits or a State’s authority. A court could block permits only if there is an imminent and substantial danger and no other remedy. If remanded, the court would set a schedule for EPA to act, usually within 180 days.

Sponsors & CoSponsors

Sponsor

Patronis, Jimmy [R-FL-1]

FL • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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