H.R.3902 - Restoring Federalism in Clean Water Permitting Act (119th Congress)
Summary
H.R.3902, the "Restoring Federalism in Clean Water Permitting Act," directs the EPA Administrator to review regulations for state permit programs under Section 404 of the Federal Water Pollution Control Act. The goal is to streamline the approval process and reduce administrative burdens, encouraging more states to administer their own permit programs. The bill also clarifies the timeline for judicial review of EPA approvals of state permit programs, setting a 60-day statute of limitations and limiting who can bring such actions.
Expected Effects
The bill aims to shift more control over clean water permitting to the states. This could lead to faster project approvals and reduced federal oversight. However, it could also result in varying environmental standards across different states.
Potential Benefits
- Streamlined permitting processes could accelerate infrastructure projects.
- Reduced administrative burdens for states.
- Increased state autonomy in environmental regulation.
- Clarified judicial review timelines provide more certainty for project developers.
- Could lead to more efficient use of EPA resources by focusing on oversight rather than direct administration.
Potential Disadvantages
- Potential for weakened environmental protection due to varying state standards.
- Reduced public input in permitting decisions due to limitations on judicial review.
- Risk of inconsistent enforcement of clean water regulations across states.
- May disproportionately affect communities downstream from states with weaker regulations.
- Could lead to legal challenges based on interpretations of federal environmental law.
Constitutional Alignment
The bill touches on the balance of power between the federal government and state governments, a key aspect of federalism. While the Constitution does not explicitly address environmental regulation, the Commerce Clause (Article I, Section 8) has been interpreted to allow federal regulation of activities that affect interstate commerce, including water pollution. The Tenth Amendment reserves powers not delegated to the federal government to the states, which supports the bill's aim to increase state control over permitting. However, the federal government also has a responsibility to ensure the general welfare, as stated in the Preamble.
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).