To amend the Federal Water Pollution Control Act with respect to the period during which areas may be prohibited from being specified as disposal sites for dredged or fill material, and for other purposes.
Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.
Summary
What This Bill Does
This bill limits when the Environmental Protection Agency (EPA) can veto permits that allow companies to dump dredged or fill material into wetlands and waterways. Under current law, EPA can block these permits at any time—even after they've been issued by the Army Corps of Engineers. This bill creates a strict time window: EPA can only veto a permit after an application is complete but before the Corps issues it. Once the permit is issued, EPA loses its veto power.
Who Benefits and How
Construction companies, real estate developers, and mining operations benefit by gaining more certainty that their wetland fill permits won't be revoked after approval. This is especially valuable for large projects like mountaintop removal mining, residential developments on wetlands, and commercial construction. Oil and gas pipeline companies benefit because their wetland crossing permits become more secure once issued. Agricultural operations and port developers also face less regulatory risk when draining wetlands or building waterfront infrastructure.
Who Bears the Burden and How
The EPA bears the primary burden by losing its post-approval enforcement authority, making it harder to stop environmentally harmful projects after new information emerges. Environmental conservation groups lose a key tool for protecting wetlands from destructive development. Communities that depend on clean water and healthy wetlands face increased environmental risks, as do fishing and seafood industries that rely on wetland ecosystems. While this reduces regulatory uncertainty for permit applicants, it also reduces environmental protections for vulnerable waterways.
Key Provisions
- Establishes a defined period during which EPA can exercise Section 404(c) veto authority: from the date an applicant submits a complete permit application until the Army Corps issues the permit
- Prohibits EPA from vetoing or withdrawing permits after the Army Corps has issued them, eliminating EPA's current post-issuance veto power
- Amends Section 404(c) of the Clean Water Act (33 U.S.C. 1344(c)) to add explicit time restrictions on EPA's authority to prohibit or restrict disposal sites
- Applies only to permit applications submitted after the bill's enactment date, not retroactively to existing applications or permits
- Affects permits for discharging dredged or fill material into waters of the United States, including wetlands, under Clean Water Act Section 404
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.
At a Glance
What This Bill Does
Limits EPA's authority to veto Clean Water Act Section 404 permits by establishing a fixed time window (application to permit issuance) during which the Administrator may prohibit or restrict disposal sites for dredged or fill material.
Who Benefits
- Real estate developers seeking to fill wetlands
- Mining companies (especially for mountaintop removal and wetland fills)
- Oil & gas pipeline companies needing wetland crossings
Who Bears Costs
- Environmental Protection Agency (reduced enforcement authority)
- Environmental conservation groups (reduced environmental protections)
- Communities dependent on water quality and wetlands
Key Policy Areas
Environment, Water Resources, Wetlands, Development & Construction, Mining, Energy Infrastructure
Primary Purpose
Limits EPA's authority to veto Clean Water Act Section 404 permits by establishing a fixed time window (application to permit issuance) during which the Administrator may prohibit or restrict disposal sites for dredged or fill material.
Policy Domains
Legislative Strategy
"Streamline permitting for development and resource extraction by removing EPA's ability to veto permits after issuance, reducing regulatory uncertainty for project developers."
Identified Gains
- Real estate developers seeking to fill wetlands
- Mining companies (especially for mountaintop removal and wetland fills)
- Oil & gas pipeline companies needing wetland crossings
- Construction and infrastructure companies
- Agriculture industry (drainage projects)
- Ports and waterfront development
Identified Costs
- Environmental Protection Agency (reduced enforcement authority)
- Environmental conservation groups (reduced environmental protections)
- Communities dependent on water quality and wetlands
- Fishing and wildlife industries dependent on wetland ecosystems
Sponsors
Legislative Progress
IntroducedMr. Stauber introduced the following bill; which was referred to …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Construction companies seeking wetland fill permits
Mining companies requiring wetland fills (e.g., mountaintop removal operations)
Agricultural operations requiring drainage or wetland conversion
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "the_secretary"
- → Secretary of the Army (who issues Section 404 permits via Army Corps of Engineers)
- "the_administrator"
- → Administrator of the Environmental Protection Agency (EPA)
Note: 'The Secretary' refers to Secretary of the Army (who administers Section 404 permits through the Army Corps of Engineers), distinct from 'The Administrator' (EPA)
Key Definitions
Terms defined in this bill
A permit issued under Section 404 of the Federal Water Pollution Control Act (Clean Water Act) that authorizes the discharge of dredged or fill material into waters of the United States, including wetlands. These permits are issued by the Army Corps of Engineers.
The EPA Administrator's authority to prohibit the specification of any defined area as a disposal site, or deny or restrict the use of any defined area for specification as a disposal site, when such discharge would have unacceptable adverse effects on water supplies, fisheries, wildlife, or recreational areas.
The date on which an applicant submits all the information required to complete an application for a Section 404 permit (as defined in new paragraph 2(A)).
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology