S.1014 - Maintaining Cooperative Permitting Act of 2025 (119th Congress)
Summary
S.1014, the Maintaining Cooperative Permitting Act of 2025, aims to solidify the authority of certain state-level environmental permit programs approved by the EPA, specifically those related to the discharge of dredged or fill material under Section 404 of the Federal Water Pollution Control Act. The bill prohibits the EPA from withdrawing approval of these state programs without explicit authorization from Congress. It also clarifies that the approval of a state permit program is not considered a rule or regulation.
Expected Effects
The bill would ensure that states like Michigan, New Jersey, and Florida maintain control over their permitting processes related to the discharge of dredged or fill material. This could lead to more streamlined permitting at the state level, potentially reducing delays for infrastructure and development projects. It also limits the EPA's ability to unilaterally alter these programs, shifting more power to the states.
Potential Benefits
- State Control: Empowers states to manage their environmental permitting processes.
- Reduced Red Tape: Streamlines permitting for development projects.
- Regulatory Certainty: Provides businesses and developers with more predictable permitting processes.
- Economic Development: Facilitates infrastructure and development projects, potentially boosting economic growth.
- Cooperative Federalism: Reinforces the role of states in environmental regulation.
Potential Disadvantages
- Environmental Oversight: Limits EPA's ability to intervene if state programs are deemed inadequate.
- Potential for Lax Enforcement: Could lead to weaker environmental protections in some states.
- Reduced Federal Standards: May result in a patchwork of varying environmental standards across states.
- Limited Public Input: Could reduce opportunities for public input and oversight in permitting decisions.
- Compromised Water Quality: Potentially increases the risk of harm to wetlands and waterways due to less stringent permitting.
Most Disadvantaged Areas:
Constitutional Alignment
The bill touches on the balance of power between the federal government and state governments, a key aspect of federalism embedded in the Tenth Amendment. The Tenth Amendment states that powers not delegated to the federal government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. By limiting the EPA's ability to withdraw approval of state permit programs without congressional authorization, the bill reinforces the role of states in environmental regulation, potentially aligning with principles of federalism. However, the Commerce Clause (Article I, Section 8) grants Congress the power to regulate interstate commerce, which has been interpreted to include environmental regulations affecting navigable waters. The extent to which this bill might impinge on that power is a point of consideration.
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).