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Comments on the PERMIT Act While winter weather might have frozen the flowing waters of the Mississippi River, it didn’t stop the movement of legislation that once again centers on the Clean Water Act (CWA). On December 11, 2025 the U.S. House of Representatives passed H.R. 3898, or the Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act. Chief author, Rep. Mike Collins (R-GA), asserts that if passed by the Senate, the PERMIT bill would “deliver much-needed reform to the Clean Water Act that will overhaul permitting processes and reduce burdens on permit seekers,” allowing the U.S. to “build faster, smarter, and safer”. But will the bill roll back red tape, or crucial regulations that safeguard our water? Learn more below. What’s at risk in the Upper Mississippi River Region? The PERMIT Act could impact waters across the United States, and the Upper Mississippi River Region is no exception. Our 1,300 miles of water connect states, ecosystems, and livelihoods, and they deserve to be protected. As the Mississippi River faces increasingly frequent and severe floods that move pollutants and cause damages to drinking water supplies and native habitats, strong regulation and sustainable infrastructure is more important than ever.
3. Reducing permits requirements regarding stormwater runoff, potentially containing animal waste, nutrients, and pesticides, from agricultural lands into waterways (Sec.10. and Sec. 11.) 4. Limiting treatment technology options to those already widely used “at scale” in the United States (Sec 4.) II. Redistributing state and tribal power 1. Allowing the EPA and U.S. Army Corps of Engineers to strike a waterbody from the list of navigable waters based on the court decision in Sackett (Sec 20). The Clean Water Act did not address groundwater; this bill would clarify that groundwater is not included in the CWA protections. 2. Narrowing state's abilities to impose protections based on "any water quality requirement in such state" to only limited federal standards (Sec 5) 3. Narrowing environmental review timelines and scope (Sec 5) - Shortening timeline to complete environmental reviews before forfeiture - Limiting state consideration of proposed pipelines, dams and other large-scale development projects to only include "direct discharges" from specific permits vs cumulative watershed impacts - Shifting enforcement requirements from states to federal permitting agencies (Sec. 5) How can I take action? From Minneapolis to Cairo, we all value clean water. If you feel the PERMIT Act leaves that up to chance, please contact your senators and urge them to oppose it. You can use text from the letter below to get you started. This bill has passed in the House; it can only be stopped in the Senate. Now is the time to Take Action! Sample Letter Opposing the PERMIT Act (H.R. 3898) Subject: URGENT: Oppose the "PERMIT Act" (H.R. 3898) - Protect Our Water Dear Senator [Senator's Name], I am a constituent in the (state and zipcode) I am writing you today to express my strong opposition to the PERMIT Act (HB 3898), now coming before the Senate. The PERMIT Acts threatens the water quality of the Upper Mississippi River Region, and we urge you to vote against H.B. 3898. The intent of the Clean Water Act is to govern water pollution. Its main purpose is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters”. This involves setting water quality standards and regulating the discharge of pollutants into the U.S. waters. While the PERMIT Act aims to streamline regulations, its potential impact on the future of freshwater resources in the Upper Mississippi River region and across the United States remains a serious concern. H.R. 3898 would weaken crucial clean water protections including:
Congress should be focused on putting people before polluters and working to ensure everyone has access to clean water. Numerous provisions of the PERMIT Act shield industrial dischargers who pollute or destroy our streams, lakes, wetlands, and other waters from responsibility and accountability, thereby forcing our communities to shoulder the financial and public health burden of increased pollution and flooding. It allows industrial polluters to discharge forever chemicals into waters without informing pollution control officials. It prevents states and Tribes from acting to prevent harm to their critical water bodies from projects such as oil and gas pipelines. The PERMIT ACT would weaken crucial clean water protections that maintain public health and welfare. Changes to the Clean Water Act will reverse decades of progress in clean water protections, jeopardize safe drinking water and harm important ecosystems. Join the sentiments of the majority of Americans that value clean water protections and vote against this bill! Sincerely, [Your Name] [Your Address/Contact Information] Iowa is full of stories, including those of rural life, agriculture, and polluted surface waters – and no one tells them quite like Pulitzer Prize winner Art Cullen. Join us on Zoom for a conversation with this Iowan on his new book “Marty, We Crapped in Our Own Nest: Notes from the Edge of the World” at 10:00 AM on Saturday, March 14th
We hope you will join us for this discussion on March 14! You will need to register - click the button below and sign up today!
 Photo - Storm Lake outlet from Cullen website On November 15, the US Environmental Protection Agency proposed new rules clarifying the definition of Waters of the United States (WOTUS). These proposed rules are based on the altered definition of the Clean Water Act in the US Supreme Court's 2023 Sackett decision. Here, the Supreme Court found EPA's working definition of Waters of the US to be too broad, too vague, and that it exceeded the authority granted by the Clean Water Act (CWA) concerning the traditional balance between federal and state power over private property. The proposed rules would significantly limit federal jurisdiction over wetlands and ephemeral streams, leaving these water bodies unprotected in states where there is not also state wetland regulation that would cover them. Comments are due to US EPA by January 5.
THE PROPOSED RULE WAS ANNOUNCED at 1pm ET 11/17/25. Public comments are now being accepted here. The deadline for those comments is January 5, 2026. New Guidance for Comment Periods Under Trump Administration During this comment period, it is critical that each group and individual provide its own unique comment tailored to the individual situation. The Trump administration is now flagging and discarding comments that appear too similar or duplicative, so the more personalized you and your organization can make your comment, the better. Key principles for written and verbal testimony:
On December 22, LWV UMRR held a webinar to share our comments. You can watch the 45-mnute recorded video by clicking the button below.
A team of scientist's from LWV Upper Mississippi River Region reviewed the draft changes to the definition of Waters of the US, and has drafted comments that were submitted to LWV US for review. LWV US's approval was necessary before the comments can be submitted because it's a federal issue. The approval was granted on December 17, 2025, and the letter was submitted to US EPA on January 4, 2026. This is the comment letter in its entirety. 
The comments are based on the LWV position on Environmental Protection and Pollution Control (Impact on Issues 2024-26, page 110.  Summary of the Comment Letter:
What is the proposed 2025 USEPA WOTUS Rule?
What’s included in the proposed EPA 2025 WOTUS Rule? Revisions to key definitions:
2 .Failure to Rely on the Significance of Connectivity and Ecosystem Function
3, Alternatives Regarding the Proposed 2025 WOTUS Rule
 Peg Furshong and Sara Mooradian Sarah Mooradian
Government Relations & Policy Director Sarah works on issues related to false climate solutions, rural electric cooperatives, siting and local power, clean transportation, and natural and working lands, participating in processes before state agencies like the Public Utilities Commission and at the state legislature. Previously, Sarah clerked for the Minnesota Court of Appeals. She has also worked on projects concerning tribal rights and land management, northern Minnesota mining, and New England’s surface water use. Sarah is a graduate of the University of Minnesota with degrees in Journalism and Sociology and Vermont Law and Graduate School with a J.D. and a Master of Environmental Law and Policy. She is passionate about protecting the environment and believes that success comes, in part, from changing both public policy and societal attitudes about nature. Peg Furshong Constituent Relations & Special Projects Peg is responsible for CURE’s Constituent Relations and Special Projects. These projects include water sustainability, landowner and community engagement for CURE’s NO Carbon Pipelines Campaign and coordinating outdoor engagement. Previously, Peg built the organization’s nature-based educational and experiential engagement programs, including initiatives like the Tallgrass Prairie BioBlitz and Freshwater Mussel Field Days. She also established CURE’s lasting partnership with the Minnesota Master Naturalist Program, where she continues to serve as a volunteer instructor. Peg is a graduate from Montana State University-Billings with a Master of Science in Education Leadership with an emphasis in Information, Process & Communication (IPC). She is a volunteer Commissioner for the Greater Minnesota Regional Parks and Trails Commission. In 2025, she was appointed to the Minnesota Attorney General’s Task Force on the Future of Minnesota’s Water. CURE is a rurally based nonprofit that protects and restores resilient communities and landscapes by harnessing the power of the people who care. Learn more about CURE here! A conversation with Dr. Chris Jones December 11, 2025 at noon, Via Zoom What's really flowing down the Mississippi? From midwestern farm fields to the Gulf of Mexico, the story of water, agriculture, and the River's health affects us all. On December 11, LWV UMRR and One Mississippi hosted a fascinating conversation with author and research engineer Dr. Chris Jones, whose acclaimed book The Swine Republic pulls back the curtain on how modern agriculture drives water pollution—and what it will take to turn the tide. Whether you're interested in farming and agricultural policy or simply care about water and our Mighty Mississippi, this program will leave you with a deeper understanding of how upstream actions ripple all the way to the Gulf. Further Links and resources: Dr. Chris Jones bio:
On November 15, the US Environmental Protection Agency proposed new rules clarifying the definition of Waters of the United States. These proposed rules are based on the altered definition of the Clean Water Act in the Sackett decision. US EPA states that the proposed rule will "play a key role in EPA's Powering the Great American Comeback initiative"... From the US EPA WOTUS webpage: Updated Definition of Waters of the United States On November 17, 2025, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal implements the Supreme Court's decision in Sackett v. EPA. The proposed rule will play a key role in EPA’s Powering the Great American Comeback initiative by protecting water resources, strengthening cooperative federalism, and supporting American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners. In developing the proposed rule, EPA and the Army reviewed and considered the extensive feedback and recommendations the agencies received from States, Tribes, local governments, and stakeholders throughout consultations and the pre-proposal recommendations docket and listening sessions. Here is the proposed rule Proposed Rule: Updated Definition of "Waters of the United States" (Pre-publication Version) (pdf) (1.12 MB)
The League of Women Voters supported the Clean Water Act's passage 50+ years ago - the following excerpt is from the LWV US Impact on Issues, page 108:  LWV UMRR has covered the Sackett decision in meetings and blog posts:
The Clean Water Act implementation after Sackett What does the Sackett decision mean for our waters Healthy Communities - our water and watersheds Sackett vs EPA Supreme Court decision limits extent of clean water act jurisdiction And from the Mississippi River Ag and Water Desk: Down the Drain - Wetlands in the Mississippi Basin Data Center Conference brings together developers, local officials and environmental groups11/15/2025
On November 12, the Southern Minnesota Initiative Foundation and Region Nine Planning Comission co-sponsored a conference on data centers. The event, co-hosted by Benya Kraus, president and CEO of Southern Minnesota Initiative Foundation and Sabri Fair, environment and sustainability planner for the Region Nine Planning Commission, brought together legislators, local officials, researchers and utility leaders to discuss how communities can prepare for both the opportunities and the challenges of this fast-expanding industry. The Mankato Free Press reports that Kraus opened the forum by outlining its purpose — to educate local leaders and residents about data center technologies, the infrastructure demands they bring and how to plan collectively for sustainable growth. “We’re not holding this event to convince you of one way or another, but to expose intentionally a range of different perspectives,” Kraus said. “Today is the start of the conversation.”  Senator Nick Frantz addresses the group. Standing in the background is Benya Kraus, and seated front is Sabri Fair. Photo - Mankato Free Press One message was clear — as data centers expand across Minnesota, communities face a pivotal moment to define how this industry will grow, with an emphasis that communities need reliable data, proactive planning and strong local voices in decision-making. Environmental groups engaged on the topic: MCEA webpage on data centers Coalition for Responsible Data Center Development More to be added in this section Text of MFP article: NORTH MANKATO — A packed auditorium at the South Central College North Mankato campus gathered Wednesday afternoon for a regional forum on the growing wave of conversations surrounding data center development across Minnesota.
The event, co-hosted by Benya Kraus, president and CEO of Southern Minnesota Initiative Foundation and Sabri Fair, environment and sustainability planner for the Region Nine Planning Commission, brought together legislators, local officials, researchers and utility leaders to discuss how communities can prepare for both the opportunities and the challenges of this fast-expanding industry. Kraus opened the forum by outlining its purpose — to educate local leaders and residents about data center technologies, the infrastructure demands they bring and how to plan collectively for sustainable growth. “We’re not holding this event to convince you of one way or another, but to expose intentionally a range of different perspectives,” Kraus said. “Today is the start of the conversation.” The session was structured around two panels exploring technical foundations, environmental impacts and strategies for community benefit. Mechanical engineer Thom Jackson defined data centers simply as “a room full of computers” that are essential facilities powering modern digital life — from streaming services and online banking to artificial intelligence. He explained the range of data center types, from small enterprise operations to massive hyperscale campuses, and the resources required to operate them, including large-scale energy and cooling systems. Economic potential meets environmental concern In a survey conducted at the beginning of the event, attendees were asked what potential benefits they saw data centers and artificial intelligence bringing to their communities. Responses highlighted employment opportunities, economic advancement and expanded tax revenue as top advantages. When asked about concerns, however, the responses told another side of the story — water usage, energy demand and environmental impacts topped the list. That tension between growth and sustainability carried throughout the day’s discussions. “Water in our area is a common-pool resource,” Andi Sutton, executive director of Southeast Regional Sustainable Development Partnerships said of the Zumbro River Watershed serving southeast Minnesota. “Right now, decisions about water use are very siloed. One of the questions that our city administrator leaders are bringing is, ‘how can we make better collective decisions about where and how data centers are sited?’” Current legal debates were also discussed, including two lawsuits in Minnesota challenging the use of Alternative Urban Areawide Reviews for evaluating large industrial developments — one of them being against the city of North Mankato. Tom Hagen of North Mankato asked panelists how these processes can be more transparent to the public. “I think the problem here that we’re seeing with data centers in particular, is how large they are. These are hyperscale data centers. When you add in this level of secrecy, that’s where people are struggling,” said Sarah Mooradian, government relations and policy director for CURE, an environmental advocacy group. “There’s an element that we’re seeing where there’s at least the perception of conflict.” Carrie Jennings, research and policy director for the Freshwater Society, reminded attendees that water management is already a pressing issue. She referenced a 2009 report finding that the Mt. Simon aquifer, southern Minnesota’s primary water resource, was being used faster than it could recharge. Jennings also raised concerns about transparency, describing how some cities under non-disclosure agreements with high water-use companies excluded residents. “There’s a tension here,” Jennings said. “How can we balance economic development with the need to ensure future water availability for our communities and ecosystems? Stakeholder participation is the piece that’s most often missing, especially in this development process.” Legislative developments Minnesota Senator Nick Frentz said Minnesota’s goal of 100% clean energy by 2040 means as data center growth accelerates, they must rely on renewable power. “We have some of the toughest environmental regulations in the country, and we are proud of that,” Frentz said. “We also have these economic opportunities which are profound. As legislators, we have to balance the budget.” Minnesota currently has 41 data centers operating across the state and Frentz said electricity demand could double within two decades. New legislation now requires these facilities to report water usage twice a year, with Frentz calling it “landmark legislation.” “The water in the largest of data centers uses above 100 million gallons a year,” Frentz said. “But we have a long history in Minnesota of protecting water.” He added that the Department of Natural Resources and the Public Utilities Commission now have stronger roles in permitting, with authority to require aquifer tests and to consider community and environmental impacts before approving projects. Planning for growth and community benefit Thomas Lambrecht with Great River Energy, Andy Wilke with Greater Mankato Growth along with Mooradian discussed how cities can navigate confidentiality agreements during early talks with developers, emphasizing that open communication can reduce public distrust and improve collaboration. Sustainable design was identified as essential to minimizing long-term environmental costs. “We definitely promote and work with all customers to understand sustainability options. Water conservation is one of those things,” Lambrecht said, noting some of the “biggest challenges in data center development” include landowner control, public perception, regulatory issues and political support.
But they also added new regulations on the booming data center industry aimed at protecting the environment, including the state’s water supply and climate goals, as well as electricity customers. The explosion of artificial intelligence and cloud computing has spurred a building boom of massive facilities that store computer servers and equipment. The largest “hyperscale” data centers can consume millions of gallons of water a year, and use as much electricity as the entire city of Minneapolis. Some environmental and citizen groups who pushed for tougher rules on data centers don’t think the bill goes far enough. “It represents just the start to actually effectively addressing the risk that data centers pose to Minnesotans,” said Aaron Klemz, chief strategy officer for the Minnesota Center for Environmental Advocacy. The legislation will require data center developers to connect with the Minnesota Department of Natural Resources earlier to make sure a proposed location has an adequate water supply. State Sen. Nick Frentz said data centers will need to share more information about how much water they'll use. "Nowhere in the country do Google, Meta, Amazon have to report on water in quite this way,” said Frentz, DFL-North Mankato. “So I think it is nation-leading, and I think rightly so.” Also in the bill: Utilities can’t pass the cost of supplying electricity to data centers onto other customers, or use the growth of data centers as an excuse to avoid meeting the state’s mandate for carbon-free electricity by 2040. “That is the state’s standard for our clean energy goals. It’s really the bedrock rule that we want these data centers to understand,” Frentz said. Large data centers will be required to pay $2 million to $5 million a year into an account to help low-income Minnesotans weatherize their homes and conserve energy. State Rep. Patty Acomb, who pushed for tougher rules for data centers, said the bill includes about 80 percent of what she wanted. But she’s disappointed it doesn’t require an in-depth environmental review of new data centers. "If you have a facility that big, you need to also be looking at the full environmental impacts,” said Acomb, DFL-Minnetonka. The bill doesn’t include setback requirements, height limits or other protections for people living near large data centers, such as one proposed to be built on a former golf course in Farmington. And it doesn’t stop cities from signing non-disclosure agreements that prevent them from sharing information about the projects, Klemz said. “We think there needs to be much more rigorous and upfront disclosure to the public about what is being proposed in their community,” he said. Environmental groups also say the water regulations largely reflect what's already in the law, rather than adding new protections. Data centers that use more than 100 million gallons of water a year must consider using water conservation technology, such as closed-loop systems that recycle water for cooling. But those measures are not required, said Sarah Mooradian, government relations and policy director for the nonprofit Clean Up the River Environment, or CURE. “There’s nothing in this bill that says a data center would have to employ any type of water conservation or efficient use of water, or even explain why they maybe chose one method over another,” Mooradian said. CURE and other environmentalists also wanted the Legislature to prevent large data centers from avoiding scrutiny by using water provided by cities’ municipal systems, instead of seeking their own water-use permit. But the bill doesn’t stop this practice. The compromise didn't entirely satisfy supporters of data centers, either. Labor unions that view data centers as job creators are happy lawmakers extended a sales tax exemption on computer servers and other equipment for 35 years. It had been set to expire in 2042. But the legislation takes away another sales tax break on the electricity that data centers use. That will make Minnesota less competitive for projects, said state Rep. Shane Mekeland, R-Clear Lake, who points out that Amazon recently suspended plans to build a large data center in his district. “They’re literally going to the neighboring states that extended that sales tax energy exemption weeks before we killed it off,” Mekeland said. Some lawmakers didn’t want to see any tax breaks extended to data centers, which are often owned by some of the world’s biggest technology companies. “The reason that I’m going to be a no on this bill is because I am anti-tax breaks for billionaires,” said Rep. Athena Hollins, DFL-St. Paul, during the floor debate. Frentz said the question shouldn’t be whether the companies’ owners are benefitting, but rather, “what’s best for Minnesota.” Data centers provide thousands of well-paying jobs and pay millions in local taxes, he said. “And with proper environmental protection — as every other state in the country is looking at — we want to encourage the development of these, just like we would any business,” Frentz said. The debate over data centers is likely to continue at the state Capitol. Acomb said she plans to try again to pass tougher language. In the meantime, Minnesota’s cold climate, available renewable energy and financial incentives likely will continue to attract data centers. At least 11 major ones are proposed to be built in Minnesota, most in the southern Twin Cities suburbs. “I think we have lots of reasons that data centers will look to come here, and the tax cuts [are] just one more,” Acomb said. The following bill summary was prepared by Jim Stark, Director of the Legislative Subcommittee on Minnesota Water Policy:
Data centers house a technology company’s information technology hardware. They run the internet and mobile applications, and they are getting bigger and use more electricity,` and more water as a cooling agent for their equipment. With an influx of proposed data centers, and other water-intensive development in Minnesota, the siting and design of these facilities is critical to the future of drinking water supplies and aquatic ecosystems. However, the Omnibus Environment Bill included funding for a GIS platform to identify sites with the least amount of conflict for complex development projects. Rep. Patty Acomb (DFL-Minnetonka) was a lead legislator focusing on data center issues as co-chair of the House Energy Finance and Policy committee. Rep. Acomb, Sen. Ann Johnson Stewart (DFLPlymouth) and others co-authored HF3007/SF3320, which proposed a suite of provisions for increased oversight of water-intensive projects and laid the groundwork for a data center bill that passed during the special session. Data Center bill (HF16/SF19) – The special session agreement between leaders included a standalone data center bill, HF16. This bill included energy and water provisions, as well as definitional and policy provisions around hyperscale data centers, and it passed the House 85-43 and the Senate 40-6. In one of its final acts of the 2025 special session, the House passed a bill setting environmental and energy regulatory requirements for data centers and modifying their sales and use tax exemptions. Sponsored by Rep. Greg Davids (R-Preston), SSHF16 was passed 85-43 and sent to the Senate where it was passed 40-26 and was signed by the Governor. Among the bill’s provisions, it would: • establish annual fees linked to a large-scale data center’s peak electricity demand of between $2 million and $5 million. • extend the state’s sales tax exemption for software and information technology equipment to largescale data centers to 35 years. • require pre-application evaluation of projects using more than 100 million gallons of water per year and setting permit conditions. • institute prevailing wage requirements for laborers and mechanics constructing or refurbishing largescale data centers. • require data center inquiries to be referred to the Department of Employment and Economic Development’s Minnesota Business First Stop program. • allow the Public Utilities Commission to approve, modify or reject tariff or energy supply agreement with a data center. • require each public utility to offer a clean energy and capacity tariff for commercial and industrial customers. • include large-scale data centers in the state’s solar energy standard. • exempts large-scale data centers from requirements under an energy conservation optimization plan; and • establish that large-scale data centers must attain certification under one or more sustainable design or green building standards. HF16 also created a formal DNR preapplication review process for data centers planning to use over 100 million gallons of water annually. The evaluation is required before a permit application is filed. HF16 establishes permit conditions for water use permits for data centers consuming more than 100 million gallons of water per year. These conditions include requiring protection for public welfare, water conservation practices, and conflict resolution for water use; an aquifer test can also be required as needed.
This short video from AP give s a good overview: MinnPost has run a series of articles on data centers in Minnesota. The Minnesota Star Tribune has reported on current events as they unfold. Some additional resources: Data centers consume massive amounts of water - companies rarely tell the public exactly how much. This article looks at water use in major data centers. It's authored by Peyton McCauley, water policy specialist, Sea Grant UW Water Science-Policy Fellow at the University of Wisconsin-Milwaukee and Melissa Scanlan, professor and director of the Center for Water Policy, School of Freshwater Sciences, University of Wisconsin-Milwaukee Can data centers lead to higher energy prices? This article gives a resounding YES and backs it up with data. This is a Fact Brief from MinnPost. When done right, data centers can be community assets. In this opinion piece, authors Luke Gaalswyk ,CEO of Ever-Green Energy, and Gregg Mast, executive director of Clean Energy Economy MN, outline benefits that can accrue to communities that host data centers. Why local officials in Minnesota are signing non-disclosure agreements. In this news article, author Brian Arola, looks at the use of non-disclosure agreements in economic development settings. What new rules for data centers mean for the environment and the industry’s future in Minnesota, an article by Walker Orenstein for the Minnesota Star Tribune. This article reports on the new Data Center law passed in Minnesota. Developer halts two Minnesota data centers over permits for backup generators, also by Walker Orenstein for the Minnesota Star Tribune. |
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