💧⚖️ EPA proposal could reshape how states and Tribes protect water

The U.S. Environmental Protection Agency (EPA) has proposed changes to Section 401 of the Clean Water Act that could significantly limit how states and Tribes review and block federal permits for infrastructure projects that affect water quality.

Section 401 is a critical tool that allows states and authorized Tribes to approve or deny projects — pipelines, dams, transmission lines, industrial facilities — if they fail to meet water quality standards. The new proposal would tighten both the timeline and scope of that authority.

Key changes include:

A firm one-year deadline for states and Tribes to act on permit requests

Ending the practice of withdrawing and resubmitting applications to extend review

Narrowing “water quality requirements” to a more limited set of Clean Water Act provisions

EPA Administrator Lee Zeldin says the rule restores Section 401 to its “clear statutory boundaries” and will reduce permitting delays for major infrastructure.

Environmental groups strongly disagree. The League of Conservation Voters warns the proposal would strip states and Tribes of their ability to protect waterways, potentially increasing pollution and public health risks.

Industry groups see it differently. National Association of Manufacturers applauds the move, arguing Section 401 has been used to block critical projects beyond its original intent.

🧭 Why this matters for Indian Country & Oklahoma:

Section 401 has been one of the few tools Tribes have to assert sovereignty over water protection when federal permits affect Tribal lands and downstream communities. Narrowing that authority could have long-term consequences — especially in regions already dealing with nutrient runoff, industrial pollution, and multi-jurisdictional watersheds.

📣 Public comment is open for 30 days.

The EPA is expected to finalize the rule later this spring.

👇 Call to action:

Should states and Tribes have stronger — not weaker — authority to protect their waters? Will faster permits come at the cost of clean water and public health?

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