WASHINGTON – U.S. Senator Kevin Cramer (R-ND), member of the Environment and Public Works (EPW) Committee, joined his colleagues in reintroducing the Water Quality Certification Improvement Act of 2023. This legislation amends section 401 of the Clean Water Act and makes several key clarifications to existing law about the appropriate scope of review for a water quality certification. Additionally, it places procedural guardrails and requirements on states as they process requests for certification to prevent future abuses.
“Section 401 of the Clean Water Act has been repetitively used by activist states like New York and Washington to block energy infrastructure under the guise of water quality,” said Senator Cramer. “By expanding Section 401 beyond direct water quality effects, they have obstructed interstate commerce for energy producing states like North Dakota. The Water Quality Certification Improvement Act places common sense procedural guardrails and requirements on states to prevent abuse without removing any water quality protections.”
Joining Senator Cramer are U.S. Senators John Barrasso (R-WY), Cynthia Lummis (R-WY), Steve Daines (R-MT), and Pete Ricketts (R-NE).
Click here for bill text.