Restoring Federalism in Clean Water Permitting Act

Summary

Requires the EPA Administrator to complete a regulatory review within 180 days to find and implement changes that make it easier for States to assume the Clean Water Act Section 404 permit program, and adds new limits on judicial review of EPA approvals: challengers must have filed timely, detailed administrative comments, courts have 60 days to accept challenges, and courts generally must remand problems to the EPA rather than vacate or enjoin state program authority (with a narrow public‑health/environment exception). Courts must set remand compliance schedules no longer than 180 days.

• Requires EPA to review Section 404 state-program approval regulations and implement streamlining changes within 180 days.
• Creates a 60‑day statute of limitations for bringing judicial challenges to EPA approval of State Section 404 programs.
• Limits challengers' standing by requiring timely, sufficiently detailed administrative comments to seek judicial review.
• Directs courts to remand violations to EPA for correction rather than vacating or enjoining state program authority, except for imminent and substantial threats.
• Courts must impose remand compliance schedules that give EPA no more than 180 days to act.
• Does not provide new funding; focuses on regulatory and procedural changes rather than program funding or substantive permit standards.
• Aims to encourage more States to assume Section 404 permitting by reducing administrative and litigation barriers.
• Potentially reduces the role of federal courts in stopping state-administered permitting programs, shifting remedial authority to EPA.
• Includes a small editorial change to preserve existing savings language in the statute.