Today, U.S. Environmental Protection Agency (EPA) announced a proposed rule that would return Clean Water Act (CWA) Section 401 to its proper statutory purpose, protecting water quality while eliminating regulatory overreach that has imposed unnecessary burden on critical infrastructure projects. This proposed rule would fulfill EPA’s statutory role to ensure the water quality certification process operates within the clear boundaries established by Congress, maximizing permitting efficiency and eliminating unwarranted delays that have stifled economic growth. The changes directly support the essential role that state co-regulators and authorized tribes play in protecting water resources while advancing the Trump Administration’s commitment to cooperative federalism.
This action would correct a fundamentally flawed 2023 Biden EPA rule that allowed delay tactics and protracted certification timelines inconsistent with the Clean Water Act. The 2023 rule’s expansion of Section 401’s scope enabled certain states to abuse this provision, creating substantial regulatory burdens that unnecessarily delayed or blocked vital energy, infrastructure, and development projects critical to America’s economic and national security. The Trump EPA’s proposal would eliminate these regulatory hurdles, restoring the law to its intended function while removing impediments to responsible development.
“Today’s proposal restores the Clean Water Act to its intended purpose, protecting America’s water quality and ending the weaponization of the law that has been obstructing infrastructure and energy projects vital to our nation’s economy,” said Administrator Lee Zeldin. “By returning Section 401 to its clear statutory boundaries, we’re strengthening the role of state and tribal partners while ensuring environmental protections are implemented lawfully, efficiently, and consistent with congressional intent.”
“The EPA’s new rule aligns with my longstanding legislative efforts to update the Section 401 certification process to streamline infrastructure development. The EPA’s update reverses costly Biden-era policies that allowed states to weaponize Section 401 to block infrastructure projects for reasons unrelated to water quality. I commend Administrator Zeldin’s work to expedite critical infrastructure development and help America build faster,” said Senate Environment and Public Works Committee Chair Shelley Moore Capito (R-WV).
“I commend Administrator Zeldin for bringing common sense back to the Clean Water Act section 401 process and ensuring the Act’s focus is on clean water – not on weaponizing it to block infrastructure projects for reasons that have nothing to do with clean water. The Transportation and Infrastructure Committee is pursuing this same goal through the PERMIT Act, which we passed out of the House in December, and I look forward to both the rule and the PERMIT Act moving forward,” said House Transportation and Infrastructure Committee Chairman Sam Graves (R-MO-06).
In response to implementation challenges with the flawed 2023 Clean Water Act Section 401 Certification rule, the Trump EPA took swift action in the spring of 2025, issuing a memo that clarified the specific roles of states and authorized tribes under Clean Water Act Section 401. The agency also sought public input this summer to inform the updates being proposed in this action.
The proposed rulemaking would ensure predictability in Clean Water Act Section 401 implementation by standardizing approaches for certification requests and decisions, eliminating back-and-forth delay tactics on certification submissions, adhering to statutory timelines for certification decisions, and defining a clear process for both applicants and certifying authorities.
Additionally, the proposed rule would ensure that states and tribes are no longer able to use Section 401 to shut down projects for reasons that fall outside of the Clean Water Act’s statutory requirements and appropriate and applicable water quality-related regulations.
Following the proposed rule’s publication in the Federal Register, EPA will open a 30-day public comment period. The agency will quickly review comments received as it works to develop a final rule in the spring of 2026.
For more on the proposal, click here.
