In conjunction with the climate and tax package announced last week between Senate Majority Leader Chuck Schumer (D-New York) and Senator Joe Manchin (D-West Virginia), the two Senators also agreed on a side deal that would change the way states issue Clean Water Act permits. Schumer and Manchin have agreed to tweak section 401 of the Clean Water Act to require states to make a decision within one year of a certification request—either to grant it, grant it with conditions, deny it, or waive certification. Section 401 gives states and tribes the power to limit or reject projects that may pollute lakes, rivers, and other waters protected under the act. This package is not directly tied to last week’s reconciliation agreement and will instead be added to a potential continuing resolution—a stopgap spending measure to fund the government if regular appropriations bills are not passed before the end of the fiscal year on September 30th.
