Climate and Tax Reconciliation Agreement Included a Side Deal on Clean Water Act Permitting

In order to win Sen. Joe Manchin’s (D-W.Va.) support for climate legislation, a side deal was made for separate legislation to reform the federal permitting process, changing the way states issue Clean Water Act permits.  The agreement tweaks 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.  

For more information, please visit: