H.R.2030 - Maintaining Cooperative Permitting Act of 2025 (119th Congress)
Summary
H.R. 2030, the Maintaining Cooperative Permitting Act of 2025, aims to solidify the authority of certain state-level permit programs related to the discharge of dredged or fill material under Section 404 of the Federal Water Pollution Control Act. Specifically, it protects the permit programs of Michigan, New Jersey, and Florida from EPA withdrawal without explicit Congressional authorization. The bill also streamlines the approval process for comparable state programs and clarifies that state permit program approvals are not considered rules or regulations.
Expected Effects
The bill would primarily affect states seeking or already administering their own permitting programs for the discharge of dredged or fill material. It would provide greater certainty and autonomy to states like Michigan, New Jersey, and Florida, shielding their programs from potential EPA overreach. Furthermore, it could encourage other states to develop and implement their own programs, knowing that their authority is more secure.
Potential Benefits
- Provides states with greater control over their environmental permitting processes related to water pollution.
- Reduces potential for federal overreach by requiring Congressional authorization for EPA withdrawal of state program approvals.
- Streamlines the approval process for comparable state programs, potentially encouraging more states to participate.
- Could lead to more efficient and localized environmental regulation, tailored to specific state needs.
- May reduce project delays and associated costs by clarifying the permitting process.
Most Benefited Areas:
Potential Disadvantages
- Could potentially weaken federal oversight of environmental regulations, leading to inconsistent standards across states.
- May prioritize state interests over broader national environmental concerns.
- Could create loopholes or lower standards in some states, potentially harming water quality and ecosystems.
- Limits the EPA's ability to respond to unforeseen environmental issues or program deficiencies in state-run programs.
- Could lead to increased litigation if the definition of "comparable" state programs is disputed.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the US Constitution is mixed. Article I, Section 1 vests legislative powers in Congress, which this bill exercises by legislating on environmental regulation. However, the Tenth Amendment reserves powers not delegated to the federal government to the states, which could support the bill's aim to empower state-level environmental regulation. The Commerce Clause (Article I, Section 8) grants Congress the power to regulate interstate commerce, which has been used to justify federal environmental regulations; this bill potentially limits that power in specific areas.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).