“"While it is reasonable for EPA to retain a limited authority to halt a project when there is potential for a genuinely unacceptable environmental impact, the authority granted to the agency under Section 404(c) of the Clean Water Act is too broad. Currently, the agency has an open-ended veto and can shut down a project before the permit application is filed, while it is under review, or after the permit has been approved and work has already begun,"

“the statute gives EPA broad authority to veto or revoke permits even after the Army Corps of Engineers has issued them, potentially putting projects already under construction at risk under future administrations

“congressional action would provide the strongest protection but argued that the administration should also examine what EPA can accomplish under existing law

“"The ability to undo or preemptively block permitted projects undermines confidence in the permitting system and can chill investment even where projects have complied with established requirements,"

“an executive order from Trump highlighting the issue could pressure EPA to pursue a durable administrative solution while signaling to lawmakers that the Section 404(c) provision should be addressed in broader permitting legislation

“"The way to improve the situation is to get the EPA to put some sideboards and some constraints on the provision, and that would not solve the problem because a future administration could undo that rule, but it takes time to undo a rule,"

“the agency could impose constraints, including requiring officials to consider costs imposed on permit holders and their reliance on previously issued permits

“"The reliance, the consideration, the cost, and the reliance interests of the permit holder are certainly things that [EPA] can make it very clear have to be considered,"