The House passed legislation Thursday that would make more than a dozen changes to the Clean Water Act, including establishing new procedures to reduce lawsuits and limiting states’ authority to block infrastructure due to environmental concerns.
The “PERMIT Act” passed 221-205. The vast majority of Democrats voted against it, but six — Reps. Sanford Bishop (D-N.C.), Jim Costa (D-Calif.), Henry Cuellar (D-Texas), Donald Davis (D-N.C.), Adam Gray (D-Calif.) and Marie Gluesenkamp Perez (D-Wash.) — voted yes. Rep. Brian Fitzpatrick (R-Pa.) was the only Republican to vote no.
During floor debate, Democrats sought to characterize the bill as a threat to affordability and a handout to industry. Republicans described the changes as commonsense reforms necessary to accelerate permitting.
“The bottom line is that without reforming the Clean Water Act, America cannot efficiently build roads, bridges, pipelines, ponds, dams, levees, airports, homes, farms and other infrastructure we need,” said Rep. Sam Graves (R-Mo.), chair of the Transportation and Infrastructure Committee.
Sponsored by Water Resources and Environment Subcommittee Chair Mike Collins (R-Ga.) and Graves, the bill would end protections under the Clean Water Act for ephemeral streams and limit states’ ability to block energy projects due to water quality concerns.
It would establish strict timelines for when environmental groups could file a lawsuit challenging a permit authorizing the destruction of wetlands.
Another provision would make it harder for individuals, municipalities and advocacy groups to sue over unauthorized water pollution discharges.
In addition, the bill would codify the Army Corps of Engineers’ issuance of streamlined nationwide permits for oil and gas pipelines and restrict EPA’s ability to override wetlands pollution permits issued by the Army Corps.
Supporters on the Transportation and Infrastructure Committee touted provisions in the bill that they said would help small businesses.
“My colleagues across the aisle continue to promote the fallacy that improving permitting processes comes at the expense of the environment,” said Rep. Dave Taylor (R-Ohio).
“This legislation will provide much-needed regulatory certainty for America’s farmers, small businesses manufacturers, home and road builders, and many others.”
But Democrats opposing the bill said it would do little to advance permitting and would come at a steep cost to communities, who could be forced to pay for expensive drinking water treatment systems if water pollution increases.
“I will be the first to admit [the Clean Water Act] needs reforms, but this bill is not it,” said Rep. Hillary Scholten (D-Mich.). “This bill would shift costs from polluters to rural America, tribes and disadvantaged communities.”
Lawmakers approved seven amendments to the bill, six of which were sponsored by Republicans. One would revert authority under Section 404 of the Clean Water Act, which pertains to dredging and filling of wetlands, back to the state of Florida. A judge ruled last year that EPA acted unlawfully when handing that authority over to the Sunshine state.
