On Jan. 15, 2026, EPA proposed a rule that would limit states’ ability to block energy infrastructure projects under Section 401 of the Clean Water Act (CWA). Under the proposed rule, states could only consider pollution released directly into waters protected under the CWA, unlike the 2023 rule which allowed states to consider impacts to local waterways. Additionally, any changes or conditions that states add to a certification decision must be supported by the project applicant and the reasoning behind each decision must be explained. Finally, states would be prohibited from asking applicants to withdraw and resubmit an application. EPA explained these changes are intended to make permitting more efficient but in revising the 2023 rule, may limit the power of states and Tribes to “protect the quality of their waters from adverse impacts resulting from the construction and/or operation of federally licensed or permitted projects.” Public comments must be submitted by Feb. 17, 2026.
We track Section 401 Water Quality Certification on our Regulatory Tracker.