Native Issues
Water Policy
Jan 15, 2026

EPA proposal would limit state and tribal authority over water permits


January 15, 2026

The Environmental Protection Agency has proposed limiting the authority of states and some authorized tribes to block major projects under the Clean Water Act, according to the Associated Press.

The proposal would add constraints to reviews conducted under Section 401 of the Clean Water Act, which allows states and tribes to assess how federally regulated projects such as pipelines, dams and mines affect water quality. EPA officials said the changes would increase transparency and efficiency while preventing unnecessary delays, according to the agency.

The proposal would narrow reviews to focus on direct discharges into federally regulated waters. The Biden administration expanded state and tribal authority in 2023, but the Trump administration now seeks to reverse that approach, according to the AP. A final rule is expected this spring after a public comment period.

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