WASHINGTON, D.C. – U.S. Senator Shelley Moore Capito (R-W.Va.) this week introduced a bill to provide certainty for critical infrastructure project sponsors utilizing the nationwide permit (NWP) program in light of recent conflicting federal court decisions. Co-sponsors of this bill include Senators John Cornyn (R-Texas), Ted Cruz (R-Texas), John Barrasso (R-Wyo.), James Lankford (R-Okla.), Jim Inhofe (R-Okla.), Kevin Cramer (R-N.D.), John Hoeven (R-N.D.), Steve Daines (R-Mont.), Thom Tillis (R-N.C.), and Lisa Murkowski (R-Alaska).
“Complicated and time-consuming permitting processes remain one of the biggest hindrances to infrastructure projects,” Senator Capito said. “Infrastructure will be a critical industry as we get people back to work and get our economy back to its record-breaking levels. This bill will clarify permitting procedures and keep key projects, particularly those in the energy sector like pipelines and electric transmission lines, moving forward on time.”
BACKGROUND:
Specifically, this bill would clarify that the U.S. Army Corps of Engineers’ (USACE) current NWP process and procedures satisfy the Endangered Species Act (ESA) Section 7 consultation requirements. It amends Section 404(e) of the Clean Water Act (CWA) to authorize use of the NWP’s through December 2026. The USACE and project proponents would be required to comply with all other existing requirements, and the USACE would be required to document a determination that each authorized activity would have no impact on listed species or designated habitat during this period. The bill does not add any new or alter existing NWP requirements. The bill would apply to all NWPs and industries.
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