New Bill Permanently Locks In State Water Permit Programs in MI, NJ, FL, Bypassing Future EPA Oversight

The “Maintaining Cooperative Permitting Act of 2025” is a piece of legislation that permanently shields specific state-run environmental programs from federal oversight. Specifically, it focuses on the programs in Michigan, New Jersey, and Florida that issue permits for dumping dredged or fill material into waterways—a key component of the Clean Water Act. The bill declares that the EPA Administrator is now legally barred from revoking the approval for these three state programs (Michigan’s 1984 program, New Jersey’s 1994 program, and Florida’s 2020 program) unless Congress passes a new law explicitly allowing it. This essentially takes the EPA’s ability to act as an environmental referee off the table for these three states.

The EPA’s Hands Are Tied

Think of this like a permanent contract: once these three states took over the permitting process from the federal government, the EPA retained the power to step in and revoke that authority if the state failed to meet federal standards. This bill rips up that oversight clause for MI, NJ, and FL. If, say, Florida’s program started issuing permits that severely harmed local wetlands or drinking water sources, the EPA Administrator—who currently has the power to pull the plug—would be powerless to act. The only way to force compliance would be to convince Congress to pass entirely new legislation, which is a significant political hurdle. This move provides regulatory certainty for developers and industries in those states, but it comes at the cost of federal environmental accountability.

The Domino Effect for Future Programs

This legislation also sets a new, fast-track standard for future states that want to take over this permitting process. If the EPA determines that a new state program is “comparable” to the now-protected programs in Michigan, New Jersey, or Florida, the U.S. Army Corps of Engineers must immediately stop issuing federal permits in that state. This is a big deal because it removes the existing friction and potential overlap between state and federal permitting. However, it also means that once a state gets the green light, federal environmental experts (the Army Corps) are instantly out of the picture, regardless of any lingering concerns about the state’s capacity to handle the job.

What This Means for Everyday Life

For residents in the three protected states, this bill shifts the entire burden of environmental oversight to the state level. If you live near a wetland or coastline in Michigan, New Jersey, or Florida, and you are concerned about a new development project—like a shopping center or housing development—that involves filling in water areas, your only recourse is now strictly with state agencies, local politicians, and state courts. The federal backstop, which is often seen as the final layer of protection for national water quality standards, is gone. Furthermore, the bill specifies that the EPA’s initial approval of a state program is not considered a formal federal rule. This seemingly technical detail could make it much harder for environmental groups or citizens to challenge these state approvals in court, insulating the entire process from typical judicial review that applies to federal regulations.