SB 1014, the “Maintaining Cooperative Permitting Act of 2025,” would lock in federal approval of certain state-administered Clean Water Act Section 404 dredge-and-fill permit programs. Specifically, it ratifies and protects the existing permit programs for Michigan, New Jersey, and Florida, and bars the EPA Administrator from withdrawing approval of those programs unless Congress later expressly authorizes such a withdrawal. The bill also states that these approvals are not to be treated as rules or regulations for purposes of section 404(h).
The bill further creates a 90-day transition period for Florida, during which both the U.S. Army Corps of Engineers and Florida may issue permits for covered activities in Florida waters. It also directs the EPA to approve comparable state programs submitted in the future if they are determined to be similar to the listed programs, and requires notice to the Secretary of the Army and the affected state when such approval is made. Once a state begins administering an approved comparable program, the Secretary of the Army must suspend federal permit issuance for activities covered by that state program.
Impact
The bill would amend the Federal Water Pollution Control Act, commonly known as the Clean Water Act, by limiting EPA authority to withdraw approval of certain state Section 404 permit programs and by clarifying that approval of a state permit program is not a rule or regulation. It would reinforce state primacy in administering dredged-and-fill permitting in the listed states and could reduce federal oversight or litigation over those approvals. The measure would directly affect the EPA, the U.S. Army Corps of Engineers, and state environmental agencies in Michigan, New Jersey, Florida, and any future states seeking comparable program approval.
Sentiment
The available record shows the bill was introduced and referred to committee, with no recorded votes or committee transcript excerpts provided. Based on the text, the bill appears to reflect a pro-state-authority, pro-permitting approach that favors preserving existing state assumption of Section 404 permitting. The absence of recorded debate or votes means there is no documented public sentiment in the provided materials, but the bill’s structure suggests support from lawmakers concerned with cooperative federalism and permitting certainty.
Contention
The main point of contention is likely the balance of power between EPA federal oversight and state control over wetlands and dredge-and-fill permitting. Opponents could view the bill as constraining EPA’s ability to revisit or withdraw approvals if a state program is found deficient, while supporters would likely argue it protects settled state programs and prevents administrative reversal without congressional action. A secondary issue is the Florida transition provision, which temporarily allows both federal and state permitting, potentially raising concerns about duplication, jurisdiction, and implementation timing.