Restoring Federalism in Clean Water Permitting Act

Streamlined Permitting Processes: Under Section 2, the EPA Administrator is tasked with reviewing regulations to streamline the approval process and reduce administrative burdens, which could encourage more States to administer their own permit programs.

Predictable Legal Timelines: Section 3 establishes a 60-day statute of limitations for actions seeking judicial review of a State permit program approval, and requires courts to set reasonable schedules not exceeding 180 days when remanding matters to the Administrator.

Limitations on Court Interference: Under Section 3, the bill restricts a court's ability to vacate or enjoin a State's authority to issue permits unless there is an imminent and substantial danger to human health or the environment that has no other legal remedy.

Strict Requirements for Legal Challenges: Section 3 requires that any party seeking judicial review must have submitted a sufficiently detailed comment during the public comment period related to the issue, which could limit the ability of some groups to challenge decisions.

Shortened Window for Legal Action: Section 3 implements a 60-day statute of limitations for filing actions seeking judicial review of the Administrator's approval of a State permit program.

Restricted Judicial Remedies: Section 3 limits the power of courts to vacate, revoke, or enjoin a State's authority to issue permits, unless a specific finding of imminent and substantial danger to human health or the environment is made.