Clean Water Protections Are Once Again Under Attack.
The U.S. House of Representatives is advancing legislation that would gut the Clean Water Act and make it easier for polluters to contaminate rivers, lakes, wetlands, and drinking water sources. The “PERMIT Act” (H.R. 3898) is a package of over 15 anti-clean water bills and is one of the most extreme threats to clean water protections we have seen in decades. That’s why we are calling it the “Permission to Pollute Act.”
Here's How the "Permission to Pollute" Act Puts Water at Risk:
1. Cuts Protections for Streams and Wetlands
- The bill redefines which waters are protected, removing safeguards for many small streams, wetlands, and seasonal (ephemeral) waterways.
- These waters often feed into larger rivers and drinking water sources. Without protection, they can be polluted, filled in, or destroyed with no consequences.
- It would continue a disastrous Supreme Court decision from May of 2023 that defined water in this way. This bill would add this definition into the Clean Water Act itself instead of reversing it, putting it in direct contrast with the spirit of the law
2. Lets Political Appointees Exclude Waters
- The bill allows top officials at EPA or the Army Corps of Engineers to exclude any waters they choose from protection, without public input, science, or oversight.
3. Promotes Cost Savings for Polluters over Science-Based Water Quality Standards
- EPA will no longer be allowed to base pollution water quality standards solely on science. Instead, the agency will also have to consider how much it might cost polluters to clean up their waste. This means unsafe pollution could be labeled "safe" just because cleanup is expensive.
4. Discourages Advancements in Reducing Wastewater Pollution
- The bill limits EPA’s ability to require regular updates to water pollution control standards based on advancements in technology.
- Rather than using the best technologies currently available to treat wastewater, the bill narrows requirements to only those treatment technologies that are already widely used in the US.
- The Clean Water Act cleaned up our waterways by requiring the best pollution controls, but the Permission to Pollute Act would lock in outdated standards and block further progress.
5. Takes Away State and Tribal Power
- The bill narrows states’ and tribes’ authority to consider the broader impacts of an entire project on local water quality, forcing them to make decisions based solely on specific permit discharges.
- Right now, states and tribes can review big federal projects like pipelines or dams and reject or add conditions to protect local water.
- This bill strips away that power, leaving decisions to federal agencies and giving less voice to people living in impacted communities.
6. Increases the Use of Outdated Pollution Standards
- Currently wastewater discharge permits are granted for 5 years, but this bill would extend that permit duration to 10 years, even if science and technology improve in that time.
- This allows polluters to continue using outdated pollution limits and treatment standards, while reducing opportunities to provide public input.
7. Lets Polluters Off the Hook
- The bill protects polluters from being held responsible if they know about harmful pollutants in their wastewater but do not report them.
- This opens the door for dangerous chemicals like mercury or PFAS ("forever chemicals") to end up in water with no consequences.
- It also authorizes sweeping "general" pollution permits with fewer safeguards, as well as exempting pesticide spraying, fire suppression chemicals, and agricultural runoff from permitting and accountability.
This bill is being promoted as a way to "streamline" permits for industry and development. But in reality, the bill weakens critical clean water protections, giving polluters more freedom to dump waste, fill in wetlands, and avoid proper oversight. This Permission to Pollute Act puts polluter profits ahead of reducing water pollution and protecting health and the environment.
Members of the U.S. House of Representatives should oppose H.R. 3898.
