Congress Seeks to Curb EPA 404(c) Veto as Open-Ended Power Threatens Trump Energy Projects
Updated
Updated · Fox News · Aug 13
Congress Seeks to Curb EPA 404(c) Veto as Open-Ended Power Threatens Trump Energy Projects
1 articles · Updated · Fox News · Aug 13
Summary
House-passed legislation would confine EPA’s Section 404(c) veto to the window after a complete permit application is filed and before a permit is issued, but the PERMIT Act has stalled in the Senate Environment and Public Works Committee.
That push reflects concern that EPA’s Clean Water Act authority has no explicit time limit, allowing preemptive or retroactive vetoes that critics say could jeopardize projects even after Army Corps permits are granted.
The risk is not theoretical: EPA used the provision in 2011 to block disposal sites for Mingo Logan’s Spruce No. 1 mine four years after permitting, and a federal appeals court upheld the agency.
Business and conservative groups are also pressing the Trump administration for an EPA rule—or a Trump executive order—to add constraints, though legal experts say a regulation may not be able to ban all retroactive vetoes outright.
Supporters of narrowing the power argue the threat alone can chill investment in energy and infrastructure, while some still say EPA should retain limited authority to stop projects with genuinely unacceptable environmental harm.