EPA Waterways Permitting Rule Poses Costly Burden for States (1)

The EPA’s new rule intended to make it easier for states to take over permitting for construction in federally protected wetlands and waterways is unlikely to result in more states doing so and stands to be scrutinized by the second Trump administration.

The rule, which is subject to the Congressional Review Act due to the timing of its finalization, allows for the federal government to retain permitting control over many waterways following the US Supreme Court’s 2023 ruling in Sackett v. EPA, which narrowed the scope of federal jurisdiction over wetlands and waterways.

The Environmental Protection Agency on ...