Manchin’s Permitting Bill, Supreme Court Case Could Dramatically Alter the Clean Water Act

The future of the Clean Water Act could look much different after fossil fuel interests and the Supreme Court done with it.

2 minute read

September 28, 2022, 5:00 AM PDT

By James Brasuell @CasualBrasuell


A wooden sign on the side of a road welcomes visitors to Priest Lake in Idaho.

Priest Lake, Idaho, the locus of a legal showdown expected to culminate in a Supreme Court case, Sackett v. Environmental Protection Agency, that could alter the legal power of the federal Clean Water Act. | Kirk Fisher / Shutterstock

A bill designed to overhaul federal permitting processes was a controversial part of the deal that helped get the Inflation Reduction Act across the finish line. The expectation that the deal would eventually make it easier to build large federal infrastructure projects provoked loud debate. One one side, proponents argues that environmentalists would have to cede legal and regulatory ground to make it easier to develop new wind and solar power capacity. On the other side, opponents, including Senator Bernie Sanders, said the deal was coming at too high of a cost for the environment, and the main beneficiary of changes would be fossil-fuel interests, not clean energy.

The latest news reveals some of what the latter group was worried about, as provisions of the Energy Independence and Security Act of 2022, announced by Senator Joe Manchin last week, would take aim at the Clean Water Act—one of the most significant and highly contested environmental regulations in U.S. history.

According to an article by Maxine Joselow for the Washington Post, the bill “includes a provision that would modify Section 401 of the Clean Water Act, which gives states and tribes the authority to grant, deny or waive certification of permits to fill or dredge federally protected waters such as rivers and wetlands.”

According to the Washington Post’s investigation, Equitrans Midstream, which owns a 48.1 percent stake in the Mountain Valley Pipeline, which would carry natural gas more than 300 miles from West Virginia to Virginia, voiced support for changing the word “discharge” to “activity” in the Clean Water Act. The effect of this change and others is unclear, according to legal analysts cited in the article. Some expect more certainty; others expect some powers to reject permits outright because of the changes.

Simultaneously to these new questions about the future of the Clean Water Act, the Supreme Court is considering a case that could also undo the definitions central to the “Waters of the United States Rule,” as established by the previous court ruling of Rapanos v. United States. A separate article for the Washington Post by Robert Barnes provides more detail on the Supreme Court case, Sackett v. Environmental Protection Agency, which will enter oral arguments during the first week of October.

Tuesday, September 27, 2022 in The Washington Post

Aerial view of homes on green hillsides in Daly City, California.

Depopulation Patterns Get Weird

A recent ranking of “declining” cities heavily features some of the most expensive cities in the country — including New York City and a half-dozen in the San Francisco Bay Area.

April 10, 2024 - California Planning & Development Report

Aerial view of Oakland, California with bay in background

California Exodus: Population Drops Below 39 Million

Never mind the 40 million that demographers predicted the Golden State would reach by 2018. The state's population dipped below 39 million to 38.965 million last July, according to Census data released in March, the lowest since 2015.

April 11, 2024 - Los Angeles Times

A view straight down LaSalle Street, lined by high-rise buildings with an El line running horizontally over the street.

Chicago to Turn High-Rise Offices into Housing

Four commercial buildings in the Chicago Loop have been approved for redevelopment into housing in a bid to revitalize the city’s downtown post-pandemic.

April 10, 2024 - Chicago Construction News

Young woman and man seated on subway car looking at phones.

Google Maps Introduces New Transit, EV Features

It will now be easier to find electric car charging stations and transit options.

7 hours ago - BGR

Ohio state capitol dome against dramatic lightly cloudy sky.

Ohio Lawmakers Propose Incentivizing Housing Production

A proposed bill would take a carrot approach to stimulating housing production through a grant program that would reward cities that implement pro-housing policies.

April 19 - Daytona Daily News

Aerial view of Interstate 290 or Eisenhower Expressway in Chicago, Illinois.

Chicago Awarded $2M Reconnecting Communities Grant

Community advocates say the city’s plan may not do enough to reverse the negative impacts of a major expressway.

April 19 - Streetsblog Chicago

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.