September 30, 2026
Washington, D.C. – Today, a Senate bipartisan permit reform bill was introduced that will imperil waterway protections by reducing states’ and Tribes’ rights when it comes to protecting waterways within their own jurisdictions. Additional provisions in the bill further diminish other protections of waterways under the Clean Water Act (CWA).
Certain aspects of permit reform may be necessary to streamline important energy projects so they can move forward to building and modernizing infrastructure, deploy cleaner energy, strengthen the electric grid and improve transportation systems. However, core environmental protection laws, including the CWA and National Environmental Policy Act, shouldn’t be weakened at the expense of speed to build.
Portions of the bill, called the Bipartisan American Affordability and Jobs Act of 2026, will have a dramatically negative impact on protecting waterways across the country that states and Tribes have been able to protect for more than 50 years under the Clean Water Act of 1972. In particular, Section 401 of the CWA – a provision that gives states and Tribes the authority to review projects that need a federal permit that could potentially discharge pollutants into waters protected by the CWA – would be significantly curtailed.
Nancy Stoner, Senior Attorney at the Environmental Law & Policy Center, said:
“The American Affordability and Jobs Act will codify in part the worst aspects of the Trump EPA’s plans to limit the 401 rule. This bill contains an industry wish list of Clean Water Act exemptions for the fossil fuel industry. It will make it easier to build data centers, gas pipelines, and other damaging projects that pollute our waterways.
“For over 50 years, the Clean Water Act has guaranteed states and Tribes the ability to protect waters within their borders from damaging federally approved activities. Americans rely on the Section 401 process to protect clean water and the resources that depend on it. Provisions in today’s bill will pollute American waterways, putting more toxins in drinking water sources, contaminating fish and shellfish, harming waterfowl and other wildlife, and making beaches unsafe for swimming.
“Permitting reform and clean water protection does not have to be in conflict. If Congress is serious about both, it should keep Section 401 out of the bargaining process on permitting reform.”