Another Threat to Clean Water - the PERMIT Act will tie the hands of state and tribal regulators and restrict public input

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. 
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What’s in the PERMIT Act?
This 26-section bill is a bundle of legislation aimed to modify federal water pollution control practices. It does this by…
 
I.  Redefining water quality parameters
        1.  Amending water quality criteria from solely considering science-backed pollution standards to include cost considerations (Sec. 2 of the act)
      2.  Minimizing liability for allowing known pollutants, including emerging contaminants such as PFAS, to be discharged without disclosure (Sec. 8)

Photo - Minnesota Pollution Control Agency

        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)

Click here to read the full bill text

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!  

Click here to find contact info for your US Senators

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:

• Limiting the scope of the Clean Water Act by redefining navigable waters to exclude (1) waste treatment systems, (2) ephemeral features that flow only in direct response to precipitation, (3) prior converted cropland, (4) groundwater, or (5) any other features determined to be excluded by the U.S. Army Corps of Engineers.
• H.R. 3898 guts the Clean Water Act by focusing on what the cost of cleanup would be for the potential polluters verses following a scientifically researched and accepted set of water quality standards.
• Redefining protected waters, potentially removing safeguards for small streams, wetlands, and seasonal waterways that feed into larger rivers and drinking water sources.
• Allowing political appointees at the EPA and the Army Corps of Engineers to exclude waters from protection without public input, scientific basis, or oversight.
• Reducing states' and Tribes' authority to consider the overall impact of a project on local water quality, as well as stripping states and tribes of their rights to block or set conditions of federal projects, including oil and gas pipelines that threaten waters and forcing them to focus solely on specific permit discharges.
• Increasing the use of outdated pollution standards by extending wastewater discharge permits from 5 years to 10 years, limiting opportunities for public input and updated treatment technologies. 

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]