Sponsors
Directs EPA to finish a review and implement changes to the rules for approving State Clean Water Act section 404 (dredge-and-fill) permit programs within 180 days to identify ways to streamline approvals, reduce paperwork, and encourage more States to operate these programs. It also amends the statute governing judicial review of EPA approvals so challenges must be filed quickly (within 60 days), challengers generally must have submitted a timely, detailed public comment on the same issue, courts are limited largely to remanding approvals (vacatur is restricted), and courts must set an expedited schedule (generally no more than 180 days) for EPA to correct problems after remand.
The Administrator of the Environmental Protection Agency must complete a review of the regulations that apply to approval of State permit programs under section 404 of the Federal Water Pollution Control Act to identify revisions necessary to streamline the approval process, reduce administrative burdens, and encourage additional States to administer a section 404 permit program.
The Administrator shall implement any revisions to those regulations that the review identifies as appropriate to achieve the goals of streamlining approvals, reducing administrative burdens, and encouraging more States to administer a section 404 permit program.
Redesignate existing subsection (t) as subsection (u) in Section 404 of the Federal Water Pollution Control Act.
In the subsection now redesignated as (u), replace the phrase "Nothing in the section" with the heading "Savings provision.—"
Insert a new subsection (t) titled "Judicial review" into Section 404, containing four numbered paragraphs that govern judicial review of Administrator approvals of State permit programs.
Primary effects:
EPA: The agency must complete a substantive review and implement regulatory changes on a 180-day statutory timeline. That creates near-term workload and rulemaking obligations without specified new funding.
State governments: States seeking to assume or operate section 404 dredge-and-fill permitting programs would benefit if EPA adopts streamlining revisions—potentially faster approvals and lower administrative costs when seeking EPA approval to run their own programs.
Project sponsors, developers, and regulated entities (e.g., construction, mining, infrastructure): Could see faster and more predictable permitting pathways if more States operate approved 404 programs and if approval processes are streamlined.
Courts and litigants: Shorter statutory filing deadlines and tighter standing/administrative-comment requirements may reduce the number of late or issue-expanded challenges and compress litigation timelines. Limits on vacatur reduce the chance that a court will entirely set aside an approval, favoring remediation by EPA instead.
Environmental and community groups: May be disadvantaged by stricter requirements to preserve issues for judicial review and by remedies limited to remand rather than vacatur; this could reduce the effectiveness and leverage of litigation to compel stronger protections for wetlands and related waters.
Local communities and environmental justice areas: Faster permitting could benefit local economic projects, but reduced judicial remedies and faster approvals might increase risk of insufficiently protective decisions affecting wetlands, water quality, and habitats important to vulnerable communities.
Overall balance:
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by Jimmy Patronis
Referred to the House Committee on Transportation and Infrastructure.