On the recordDecember 11, 2025
Pipelines and energy infrastructure are the backbone of American energy dominance, yet section 401 of the Clean Water Act, designed to protect our water quality, has too often become a roadblock for critical projects. Too many States are using this authority to block interstate natural gas pipelines, transmission lines, and other federally approved projects for reasons that have nothing whatsoever to do with water quality. These projects are routinely certified by the Federal Energy Regulatory Commission as being in the national interest, yet they are never built because a single State can withhold or delay a 401 certification. We have all seen the consequences: delays that stretch on for years, procedural roadblocks that force applicants to withdraw and to resubmit just to restart the process, and legal hurdles so steep that a single denial can derail an entire multistate project or kill it altogether. Meanwhile, these very same States continue benefiting from the affordable, reliable energy produced in other parts of the country, even as they obstruct the pipelines needed for our Nation's development, economic security, and long-term competitiveness. This amendment tackles that problem head-on. It establishes expedited judicial review for major energy infrastructure projects, ensuring that the courts reach timely decisions.
Source
govinfo.gov




