Maintaining Cooperative Permitting Act of 2025
- Sponsor
- Sen. Moody, Ashley [R-FL]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Mar 13, 2025
Bottom line
The bill aims to solidify state authority over Clean Water Act Section 404 permitting, reduce federal oversight, and streamline environmental permitting processes, while potentially limiting avenues for legal challenges to state program approvals.
What it actually does
This bill ratifies and makes permanent the Environmental Protection Agency's (EPA) approval of specific state-run permitting programs in Michigan, New Jersey, and Florida for the discharge of dredged or fill material under the Clean Water Act, prohibiting the EPA from withdrawing these approvals without explicit Congressional authorization. It also mandates that the EPA approve other state programs deemed 'comparable' to these ratified programs and clarifies that such approvals are not to be considered rules or regulations, potentially limiting judicial review.
Proponents argue
Proponents argue that the bill provides much-needed regulatory certainty for states and industries by preventing arbitrary federal withdrawal of approved state permitting programs. They contend it empowers states to manage their own environmental resources more efficiently, reduces bureaucratic hurdles, and respects the principle of federalism by allowing states with demonstrated capacity to lead on environmental protection.
Opponents contend
Opponents contend that the bill significantly weakens federal oversight of critical environmental protections, potentially leading to a 'race to the bottom' where states might relax standards to attract development. They argue that prohibiting EPA withdrawal without Congressional action removes a crucial safeguard for water quality, and the provision classifying approvals as 'not a rule' could severely limit public participation and judicial review of important environmental decisions.
The bill is short and can be read quickly, but its implications for environmental law and administrative procedure are substantial, requiring more time for a full understanding than a quick read would suggest.
Section 2(a)(1)-(2)
Ratification and Prohibition of Withdrawal of Approved State Permit Programs
This provision explicitly ratifies and approves the existing state permit programs for the discharge of dredged or fill material under Section 404 of the Clean Water Act for Michigan (approved 1984), New Jersey (approved 1994), and Florida (approved 2020). It then prohibits the Environmental Protection Agency (EPA) Administrator from withdrawing approval of these specific state programs, including through the process described in section 404(i) of the Federal Water Pollution Control Act, unless Congress expressly authorizes such a withdrawal through a new Act.
Supporters argue
Supporters argue this provision provides essential stability for state-run environmental programs, allowing states to plan and execute permitting more effectively without fear of sudden federal intervention. They believe it streamlines processes and reduces administrative burdens, fostering economic development while maintaining environmental standards.
Critics contend
Critics contend that this provision removes a critical check on state environmental programs, potentially allowing states to operate with less stringent oversight and accountability. They argue that the EPA's ability to withdraw approval is a necessary tool to ensure national water quality standards are met and to address deficiencies in state programs.
Tradeoffs
The provision balances state autonomy and regulatory certainty against federal oversight and the potential for consistent national environmental protection standards. It trades the flexibility of federal intervention for the stability of state control.
Section 2(a)(3)
Florida Program Transition Period
For a 90-day period immediately following the bill's enactment, both the Secretary of the Army (acting through the Chief of Engineers, which is the Army Corps of Engineers) and the State of Florida are authorized to issue permits for the discharge of dredged or fill material into navigable waters within Florida's jurisdiction. This temporary dual authority is intended to ensure a smooth transition for the Florida program, which was more recently approved.
Section 2(a)(4)
Approval of Comparable State Programs
This section requires the EPA Administrator to approve any other state's Clean Water Act Section 404 permit program if the Administrator determines it is 'comparable' to the already ratified programs of Michigan, New Jersey, or Florida. Once such a determination is made and the state notifies the Administrator that it has begun administering the program, the Secretary of the Army must suspend federal issuance of permits for activities covered by that state's program.
This section amends the Federal Water Pollution Control Act to explicitly state that the approval of a State permit program under Section 404(h) "shall not be considered to be a rule or regulation."
Section 2(b)
Why it matters:While technically an amendment to existing law, its placement at the end of the bill and its concise phrasing might lead a casual reader to overlook its significant legal implications. This could be seen as a strategic placement to minimize immediate attention to a potentially controversial legal reclassification.
Case for: Proponents argue that classifying state program approvals as 'not a rule or regulation' streamlines the administrative process, making it less susceptible to lengthy and costly legal challenges under administrative law. They contend that these approvals are administrative determinations, not broad policy rules, and should be treated as such to provide regulatory certainty.
Case against: Opponents argue that this reclassification is a deliberate attempt to limit public participation and judicial review of EPA decisions regarding state environmental programs. By removing the 'rule or regulation' designation, it could make it significantly harder for environmental groups and concerned citizens to challenge potentially inadequate state program approvals in court, thereby reducing accountability.
Estimated impact: This provision could significantly alter the legal landscape for challenging EPA's approval of state Clean Water Act Section 404 programs, potentially reducing the avenues for judicial review and public input.