CURRENT Act Sets Strict One-Year Deadline for Water Quality Reviews to Fast-Track Energy Infrastructure Projects

The CURRENT Act is designed to overhaul how states and the EPA review federal permits for energy projects, specifically by tightening the rules under Section 401 of the Clean Water Act. The bill limits the scope of what authorities can look at when checking if a project—like a pipeline or a power line—might pollute local water. Instead of broad environmental oversight, reviews are now restricted to a handful of specific technical standards (Sections 301, 302, 303, 306, and 307). Crucially, the bill sets an absolute one-year clock for a decision; if a state or the EPA doesn't act within that window, the requirement is waived entirely. This clock cannot be paused for more information or public debate unless the applicant themselves asks for more time.

The Fast Track for Energy Pipes and Wires

For anyone working in construction or energy development, this bill aims to end the 'permitting purgatory' where projects sit in bureaucratic limbo for years. If a company wants to build an interstate carbon dioxide pipeline or a major transmission line, they now have a predictable timeline. However, the bill shifts the burden of proof significantly. If a state wants to deny a permit or add a protective condition, they must prove by 'clear and convincing evidence'—a high legal bar—that the condition is the least burdensome option possible. For a local community, this means that even if a project might impact their water, the state can only step in if they can prove there is no cheaper or easier way to get the job done (Section 2).

Hands Off the Water Flow

Hydroelectric power projects get a specific carve-out here that could change how local rivers are managed. The bill explicitly states that water quality certifications cannot include any rules about the 'quantity, timing, or rate' of water flow. Imagine a town that relies on a specific river flow for local recreation or to keep a downstream ecosystem healthy; under this bill, state regulators lose the power to use the water certification process to dictate how a dam releases that water. Once a certification is granted, it’s essentially locked in stone. It cannot be reopened or changed unless the company asks for it, meaning local authorities can't easily fix a mistake or address a new environmental issue that pops up later.

Closing the Door on Citizen Suits

One of the most significant shifts for the average citizen is the change to how these rules are enforced. Currently, if a company violates a water quality condition, local groups can often sue to ensure the rules are followed. This bill changes that by making conditions enforceable only by the federal permitting agency, not through citizen suits under Section 505. If you live near a new pipeline and notice a violation, you’d have to convince a federal agency to take action rather than taking the matter to court yourself. Additionally, for major energy projects, any legal challenges are fast-tracked to the U.S. Court of Appeals, which is required to issue a final decision within 120 days, significantly shortening the time for legal scrutiny (Section 2).