Manchin’s Permitting Bill, Supreme Court Case Could Dramatically Alter the Clean Water Act

The future of the Clean Water Act could look much different after fossil fuel interests and the Supreme Court done with it.

2 minute read

September 28, 2022, 5:00 AM PDT

By James Brasuell @CasualBrasuell


A wooden sign on the side of a road welcomes visitors to Priest Lake in Idaho.

Priest Lake, Idaho, the locus of a legal showdown expected to culminate in a Supreme Court case, Sackett v. Environmental Protection Agency, that could alter the legal power of the federal Clean Water Act. | Kirk Fisher / Shutterstock

A bill designed to overhaul federal permitting processes was a controversial part of the deal that helped get the Inflation Reduction Act across the finish line. The expectation that the deal would eventually make it easier to build large federal infrastructure projects provoked loud debate. One one side, proponents argues that environmentalists would have to cede legal and regulatory ground to make it easier to develop new wind and solar power capacity. On the other side, opponents, including Senator Bernie Sanders, said the deal was coming at too high of a cost for the environment, and the main beneficiary of changes would be fossil-fuel interests, not clean energy.

The latest news reveals some of what the latter group was worried about, as provisions of the Energy Independence and Security Act of 2022, announced by Senator Joe Manchin last week, would take aim at the Clean Water Act—one of the most significant and highly contested environmental regulations in U.S. history.

According to an article by Maxine Joselow for the Washington Post, the bill “includes a provision that would modify Section 401 of the Clean Water Act, which gives states and tribes the authority to grant, deny or waive certification of permits to fill or dredge federally protected waters such as rivers and wetlands.”

According to the Washington Post’s investigation, Equitrans Midstream, which owns a 48.1 percent stake in the Mountain Valley Pipeline, which would carry natural gas more than 300 miles from West Virginia to Virginia, voiced support for changing the word “discharge” to “activity” in the Clean Water Act. The effect of this change and others is unclear, according to legal analysts cited in the article. Some expect more certainty; others expect some powers to reject permits outright because of the changes.

Simultaneously to these new questions about the future of the Clean Water Act, the Supreme Court is considering a case that could also undo the definitions central to the “Waters of the United States Rule,” as established by the previous court ruling of Rapanos v. United States. A separate article for the Washington Post by Robert Barnes provides more detail on the Supreme Court case, Sackett v. Environmental Protection Agency, which will enter oral arguments during the first week of October.

Tuesday, September 27, 2022 in The Washington Post

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and harrowing close calls are a growing reality.

1 hour ago - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

3 hours ago - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

5 hours ago - The Washington Post