“The administration's reliance upon executive orders and unilateral action has sacrificed sustainability for speed.

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

“"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,"

“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 first Trump Administration prioritized speed and salience over legal soundness, and its unilateral deregulatory efforts—some fairly characterized as "regulatory slop"—were largely undone once Trump left office.

“This essay argues that the second Trump Administration, despite being more prepared and more aggressive, has not learned this lesson: it continues to elevate executive branch unilateralism over the slower, harder work of legislative or judicial engagement.

“EPA should retain some authority to stop projects that pose genuinely unacceptable environmental risks but argued that the current authority is too broad

“"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,"