State and local water managers are convening with White House officials this week to discuss Section 401 of the Clean Water Act, a focal point in U.S. Sen. Alan Armstrong’s push for permitting reform. In a June Op-Ed for the Washington Reporter, Armstrong criticized the current permitting system, stating it hampers essential infrastructure projects under the guise of environmental review. He argues that Section 401 has become a tool for states to assess the broader implications of projects, including their political viability, rather than strictly evaluating water quality standards.
Section 401 mandates that projects impacting navigable waters obtain water quality certifications from state or tribal authorities before proceeding. Armstrong believes this has led to substantial delays and blockages, particularly when states leverage their authority to veto projects they oppose. Citing the example of New York halting the Constitution Pipeline during his tenure as CEO of Williams Co., he suggests that this regulatory power has turned into a political weapon.
The upcoming White House meeting will address new proposed rules regarding Section 401 and their potential impacts. While supporters of the changes emphasize streamlining permitting processes, at least 58 environmental groups are opposing these adjustments, advocating for the preservation of state and tribal authorities in water quality assessments. The Environmental Law Institute has raised concerns that proposed reforms could significantly reduce the scope and effectiveness of Section 401, undermining local review capabilities.
