“"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,"
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“EPA should retain some authority to stop projects that pose genuinely unacceptable environmental risks but argued that the current authority is too broad
“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
“"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
“congressional action would provide the strongest protection but argued that the administration should also examine what EPA can accomplish under existing law
“"So that's why we want to focus the administration's attention on this problem that could undo all of the good work that they're doing to speed up permitting,"
“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,"