Clean Water Act: Reform Not Rollback

Permitting reform is essential for meeting America's energy needs while safeguarding natural resources, contrary to critics' claims. The process, exemplified by the Hells Canyon hydroelectric dams' 23-year relicensing saga, is plagued by delays, largely due to Section 401 of the Clean Water Act. This provision requires state and tribal certification, which can lead to protracted disputes, as seen with competing demands from Idaho and Oregon for the Hells Canyon complex.

These long licensing fights discourage vital environmental upgrades for hydroelectric plants. Hundreds of U.S. hydroelectric plants, totaling over 16 gigawatts, face relicensing in the coming decade. Some operators, like Kelley's Falls Dam in New Hampshire, have shut down rather than endure the arduous process. States have also used the 401-certification to impose unrelated conditions, such as improved irrigation or even feral pig eradication efforts.

The bipartisan Senate deal, championed by Sens. Whitehouse and Heinrich, does not eliminate Clean Water Act protections but aims to prevent their misuse. It introduces a one-year deadline for the 401-certification process and restricts state demands to direct water quality impacts. This reform is vital for hydropower, which constitutes over a quarter of U.S. renewable energy.

While dams have environmental trade-offs, their impacts must be weighed against climate change threats, which necessitate competitive clean energy. Permitting reform is also crucial for dam removal projects, like the decades-long effort on the Klamath River. Bureaucracy hinders environmental protection across sectors, delaying forest management and infrastructure repairs, such as the Potomac sewer line failure.