Why It Matters

The Trump administration has proposed three separate rules that would narrow the scope of Clean Water Act (CWA) permitting, but none has been finalized, according to a new Congressional Research Service (CRS) report. ​

The proposals cover the definition of waters of the United States (WOTUS), Section 401 water quality certifications and the National Pollutant Discharge Elimination System (NPDES) definition of "discharge of a pollutant," all issued between November 2025 and September 2026.

The 119th Congress has also seen roughly 55 bills introduced to amend some aspect of CWA permitting, with congressional interest grouped around federal versus state authority, regulatory certainty and permit issuance timelines.

The Big Picture

EPA and the U.S. Army Corps of Engineers published a proposed WOTUS rule on Nov. 20, 2025, followed by a supplemental proposed rule on Sept. 9, 2026. EPA and USACE have since attempted to align the regulatory definition of WOTUS with Sackett v. EPA, 598 U.S. 651 (2023), which construed WOTUS more narrowly than previous regulatory interpretations. EPA separately published a proposed Section 401 rule on Jan. 15, 2026; it also remains a proposal.

A second Supreme Court decision, City and County of San Francisco v. EPA, 604 U.S. 704 (2025), held that the CWA does not authorize "end-result" provisions in NPDES permits, requiring permit writers to specify measurable discharge limits or specific required actions.

Section 404 dredge-and-fill bills are the most numerous of the four CWA permitting categories in the 119th Congress, with 34 bills, compared with 29 for Section 402, 18 for Section 401 and 4 for WOTUS. The PERMIT Act (H.R. 3898), sponsored by Rep. Mike Collins (R-GA-10), passed the House on Dec. 11, 2025, and was referred to the Senate Committee on Environment and Public Works on Dec. 15, 2025, with no further Senate action recorded. The bill would extend NPDES and Section 404 permit terms, narrow EPA's Section 404(c) veto timeframe and expand nationwide permit eligibility.

The Bottom Line

S. 5653, the Bipartisan American Affordability and Jobs Act of 2026, was introduced Sept. 30 and referred to the Senate Committee on Energy and Natural Resources the same day, addressing all four CWA permitting categories.

H.R. 331, which amends the Aquifer Recharge Flexibility Act on permitting conveyances, passed the House and was ordered reported favorably by the Senate Committee on Energy and Natural Resources on Sept. 30.

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