EPA Proposes Changes to Provide More Certainty for Clean Water Act Section 401 Water Quality Certification Review
On January 13, 2026, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revise the Clean Water Act (CWA) Section 401 water quality certification regulations (40 C.F.R. Part 121), which proposes several clarifications to enhance certainty for project applications regarding the timing and contents of applications to state certifying authorities.[1] Administrator Lee Zeldin said the proposal is intended to return Section 401 to “clear statutory boundaries” while ensuring protections are implemented “lawfully” and “efficiently.” The proposed rule would narrow the scope of Section 401 review to point source discharges, standardize what qualifies as a complete certification request and when the review clock begins, prohibit withdrawal-and-resubmittal tactics, and add transparency requirements for certification decisions and conditions.[2] The proposed rule aims to limit tactics that have become common in certain states as they attempt to gain additional time for reviewing project applications, beyond the one-year maximum provided by statute.
U.S. Army Corps of Engineers Finalizes 2026 Nationwide Permit Reissuance and Modifications
On January 8, 2026, the U.S. Army Corps of Engineers (Corps) published its final action reissuing and modifying Nationwide Permits (NWPs). This final action reissues 56 existing NWPs and issues one new NWP. The changes are modest, but include helpful clarifications for certain activities and businesses. They also include program-wide updates to certain general conditions and definitions, such as by adding “nature-based solutions,” and changes tied to recent litigation affecting certain NWPs. The new NWPs and associated conditions and definitions take effect March 15, 2026 and will expire March 15, 2031.
Congress Eliminates Corporate Average Fuel Economy (CAFE) Penalties for Passenger Cars and Light Trucks
In one of its many changes, the One Big Beautiful Bill Act, enacted on July 4, 2025, eliminated civil penalties for noncompliance with federal fuel economy standards. Specifically, Section 40006 of the Act amends the language of the Corporate Average Fuel Economy (CAFE) statute to reset the maximum civil penalty to $0.00. Although the statute and its implementing regulations otherwise remain in place, this amendment removes any civil penalties for producing passenger cars and light trucks that do not meet fuel economy requirements.
EPA Updates Clean Air Act Standards Applicable to Small Waste Incinerators
On June 30, 2025, the U.S. Environmental Protection Agency (EPA) finalized updates to its New Source Performance Standards (NSPS) and Emission Guidelines for Other Solid Waste Incineration (OSWI) units under the Clean Air Act (CAA). These units — combustion systems that incinerate solid waste from commercial or institutional sources not otherwise regulated under specific incinerator categories — include very small municipal waste combustors and institutional incinerators. The final rule includes applicability-related and definitional changes expanding the class of incinerators subject to NSPS, revises the OSWI subcategories and tightens emission limits for key pollutants. It also adopts changes to startup, shutdown, and malfunction (SSM), and expands testing, monitoring, reporting, and recordkeeping requirements that will affect both existing and new OSWI units.
President Trump’s Executive Order Seeks to Initiate Immediate Measures to Increase American Mineral Production
On March 20, 2025, President Donald J. Trump issued an executive order (the Order) directing the Department of Defense, the Department of Energy, and other agencies involved in the financing and permitting process for domestic mining production to develop plans and take specific steps to enhance domestic mineral production in the United States (the U.S.).
President Trump’s Executive Order Seeks to Reduce Federal Regulation
President Trump’s January 31, 2025, Executive Order (EO) titled “Unleashing Prosperity Through Deregulation,” is a part of the new Administration’s broader policy to reduce federal regulation. The EO finds that federal regulations impose significant costs and complexities on American citizens and businesses that hinder economic growth, innovation, and global competitiveness – and it is the Administration’s policy to alleviate these burdens. This marks a policy change from the approach of the prior administration and is a broader effort than the regulatory reforms of the first Trump Administration.
