NATIONAL NEWS

EPA proposes limiting power of states and tribes to block major projects over water concerns

Jan 13, 2026, 9:54 AM

FILE - Bethsaida Sigaran, left, of Baltimore, her brother Jaime Sigaran, with American Rivers, and ...

FILE - Bethsaida Sigaran, left, of Baltimore, her brother Jaime Sigaran, with American Rivers, and Thea Louis, with Clean Water Action, join other supporters of the Clean Water Act as they demonstrate outside the Supreme Court, Oct. 3, 2022, in Washington, as the court begins arguments in Sackett v. Environmental Protection Agency (EPA). (AP Photo/Jacquelyn Martin, File)
Credit: ASSOCIATED PRESS

(AP Photo/Jacquelyn Martin, File)

WASHINGTON (AP) — The Environmental Protection Agency on Tuesday proposed limiting states’ and Native American tribes’ power to wield the Clean Water Act to block major projects like natural gas pipelines, advancing the Trump administration’s goal of accelerating the construction of new fossil fuel infrastructure and data centers.

The agency said new constraints on local water quality reviews for federally regulated projects will still allow states to protect their environment while preventing unnecessary delays. Successive administrations have seesawed on the scope of states’ power. President Donald Trump’s first administration reduced it, the Biden administration restored it and now the Trump administration is once again adding constraints to what’s called Section 401 of the Clean Water Act.

“When finalized, the proposed rule will increase transparency, efficiency and predictability for certifying authorities and the regulated community,” said Jess Kramer, EPA’s assistant administrator for water. “It will also ensure states and authorized tribes adhere to their Section 401 role.”

The Clean Water Act allows states and some authorized tribes to review what effect pipelines, dams and other federally regulated projects have on water quality within their borders. Pipelines, for example, might cross rivers, streams and wetlands — disruptions that states can scrutinize and that have caused holdups before. In 2017, for example, New York regulators rejected a permit for a pipeline, saying there weren’t sufficient protections for hundreds of streams and wetlands.

The proposed change is similar to EPA’s rule in Trump’s first term. They proposed a clear description of what applicants need to submit to states, strict deadlines for reviews and a requirement that states fully explain why any conditions were placed on a developer or why their permit was rejected.

In 2023, the Biden administration strengthened states’ and tribes’ authority to conduct water quality reviews. Activists at the time praised the change, saying it would help protect the local environment. The agency said then that states should be able to look beyond pollution that’s released directly into waters and instead “holistically evaluate” the impact of a project on local water quality.

The Trump administration wants to do away with that broader authority to focus reviews on direct releases to federally regulated waters. They are doing so at a time when fewer waters are federally regulated by the Clean Water Act. In 2023, the Supreme Court in Sackett v. EPA limited the federal government’s power to regulate millions of acres of wetlands.

Under Administrator Lee Zeldin, the EPA expanded its traditional focus on the environment and public health to include several economic “pillars” like restoring America’s energy dominance — Trump’s shorthand for fossil fuels — and making the U.S. “the artificial intelligence capital of the world.” As demand for new data centers increases, some of these projects will need state water quality permits. Kramer said the update will make the rules for these reviews clear.

“This makes what we are doing in the 401 space crucial, right? Those projects, they need to be able to move forward with certainty,” said Kramer.

A final rule is expected in the spring after a public comment period.

___

Associated Press writer Matthew Daly contributed.

___

The Associated Press receives support from the Walton Family Foundation for coverage of water and environmental policy. The AP is solely responsible for all content. For all of AP’s environmental coverage, visit https://apnews.com/hub/climate-and-environment

National News

This image, contained in the indictment against former President Donald Trump, and partially redact...

Associated Press

Prosecutor brought in to lead investigation of Trump foes says he has resigned his position

WASHINGTON (AP) — An ally of President Donald Trump said Thursday that he has resigned from his post leading a Justice Department investigation into whether former law enforcement and intelligence officials conspired against the Republican president. “I did in fact resign,” Joe diGenova told The Associated Press, calling it an “honor and a privilege” to […]

15 minutes ago

This image from Homeland Security Investigations body camera video shows federal authorities enteri...

Associated Press

Body camera video offers a rare look inside an immigration raid at a NY factory

The sprawling snack-food factory in upstate New York appeared to be closed when a small army of immigration officers arrived after 9 a.m. Following a brief discussion of whether to force their way inside, a manager opened the front door. Over the next several hours, body cameras were running as federal authorities from several agencies […]

21 minutes ago

California Gov. Gavin Newsom speaks at a rally for democratic candidates Saturday, Sept. 5, 2026, i...

Associated Press

California governor signs laws aimed at protecting kids from risks of social media, AI chatbots

SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom signed a sweeping package of laws Thursday aimed at protecting children from the risks of technology, including social media and AI chatbots. The laws will penalize large social media companies up to $1 million per child if they are found negligent of harming children through their platforms, […]

39 minutes ago

Defendant Lindsay Clancy looks at the jury after Judge William Sullivan declared a mistrial in Clan...

Associated Press

Lindsay Clancy’s lawyer asks the judge to spare her a second trial for killing her children

BOSTON (AP) — Lindsay Clancy shouldn’t be tried a second time for killing her three young children because prosecutors don’t have enough evidence, her lawyer told a judge Thursday, saying the court should decide she’s not guilty by reason of insanity. Eleven of 12 jurors were ready to clear Clancy of criminal responsibility last Friday, […]

2 hours ago

FILE - A group of undocumented migrants is deported by U.S. Immigration and Customs Enforcement age...

Associated Press

Appeals court cites detention of Japanese Americans in ruling blasting Trump immigration policy

The Trump administration’s policy of holding immigrants without a chance for release on bond is illegal and “harkens back to some of the darkest moments in our country’s history,” including the mass detention of Japanese Americans during World War II, a divided federal appeals court ruled Thursday. The 4th U.S. Circuit Court of Appeals became […]

2 hours ago

McKenna West, left, arrives with her legal team for a court hearing in Dallas, Tuesday, Aug. 25, 20...

Associated Press

Surrogate asks the Supreme Court to intervene over care for a sick baby

A California couple’s surrogate who refused their wishes to have an abortion has asked the U.S. Supreme Court to intervene in a custody dispute over the 4-week-old child who was born with a serious heart defect. McKenna West filed the emergency order Wednesday, widening a legal battle over surrogacy and abortion that has won the […]

2 hours ago

EPA proposes limiting power of states and tribes to block major projects over water concerns