Washington Waves: Waterway News From D. C.
Key senators announced a “groundbreaking” bipartisan agreement to overhaul the federal environmental review and permitting processes and get to a yes or no faster on projects while keeping environmental protections.
Sen. Shelley Moore Capito (R-W.Va.) said the group’s goal is to make the Bipartisan American Affordability and Jobs Act of 2026 the top priority when the Senate returns in November.
“For far too long, our broken and outdated federal environmental review and permitting processes have stood in the way of energy reliability, secure jobs, modern infrastructure and economic growth,” said Moore Capito, chair of the Senate Environment and Public Works (EPW) Committee.
“The bipartisan reforms we secured in this deal will transform our nation’s ability to power our economy and fuel future growth, while continuing to protect the land, water and wildlife we all cherish.”
Sen. Sheldon Whitehouse (D-R.I.), ranking member of the EPW panel, said Americans want lower energy bills and more clean energy.
“If we can pass this bill, we will flood the grid with clean, affordable energy and make data centers start paying their fair share,” Whitehouse said.
Sens. Mike Lee (R-Utah) and Martin Heinrich (D-N.M), the chair and ranking member of the Senate Energy and Natural Resources Committee, also joined in the announcement.
“We once built projects like the Hoover Dam, the Golden Gate Bridge and the Empire State Building in years, not decades,” Lee said.
“America still has the resources and the talent, but what too often stands in the way is a permitting system that takes too long and costs too much.”
Heinrich also singled out the provision to ensure data centers pay their fair share of the grid upgrades and not leave that bill to American families.
“Our bill puts teeth behind that principle,” he said.
According to a fact sheet posted by Heinrich, S. 5653:
Sets a two-year deadline for Environmental Impact Statement reviews and a one-year deadline for Environmental Assessment reviews with consequences for agencies that miss those deadlines.
Establishes a new National Historic Preservation Act (NHPA) consultation process that runs alongside National Environmental Policy Act (NEPA) reviews with a defined time limit, securing a statutory role for tribes in determining how projects affect historic and cultural resources and protecting Tribes’ rights to formally consult during the processes.
Prevents the federal government from changing the rules after the fact for certain wetlands and waterways by stopping the Environmental Protection Agency (EPA) from preemptively or retroactively removing areas of land from the federal water-quality certification process.
Limits the types of impacts that projects are required to mitigate, creating clearer boundaries around which effects a project must mitigate or minimize.
Sets clear limitations on when and how a project may be legally challenged, with a 150-day deadline for legal challenges under the Clean Water Act (CWA), Endangered Species Act (ESA), NEPA and NHPA, and limits when a court can temporarily stop a project from moving forward while preserving the existing ability to seek that relief under the Administrative Procedures Act.
Clarifies the limits on state water-quality reviews (under Section 401 of the Clean Water Act) by limiting state certifications to water pollution directly caused by a specific source for gas pipelines and transmission lines and prohibiting use of the process to address unrelated issues.
Merchant Mariner Credentialing
The Coast Guard took two recent actions related to credentialing of U.S. mariners. The Coast Guard’s Office of Merchant Mariner Credentialing published CG-MMC Policy Letter 01-26 titled Amendments to STCW Basic Training Requirements for Personal Safety and Social Responsibilities.
According to the announcement, the policy letter provides guidance for evaluating compliance with the amended competency requirements of the Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Code concerning Personal Safety and Social Responsibilities (PSSR).
Beginning October 1, 2029, applicants for original STCW Basic Training (BT) endorsements and for renewal of an STCW BT endorsement must demonstrate the competencies added to Table A-VI/1-4 of the STCW Code through successful completion of a Coast Guard-approved Prevention of Violence and Harassment, including Sexual Harassment, Bullying and Sexual Assault course.
Mariners currently holding an STCW BT endorsement will need to complete the training on or before the first renewal of their MMC that occurs after September 30, 2029.
The policy letter is available on the Coast Guard Merchant Mariner Credentialing policy website.
For additional information, contact the Mariner Credentialing Program Policy Division at MMCPolicy@uscg.mil or 206-815-6890.
USMCA Trade Agreement Review
The United States Trade Representative (USTR) is seeking comments on the operation of the agreement between the United States, the United Mexican States and Canada (USMCA) in advance of the 2027 annual joint review meeting on the agreement.
The USTR also provided notice of a public hearing with details regarding the date and location published at www.ustr.gov.
Comments and requests to appear at the hearing must be submitted by January 12, and the request to appear at the hearing must include a summary of the testimony.
Deadline for submission of post-hearing rebuttal comments will be seven calendar days after the last day of the public hearing, at 11:59 p.m. EST.
All of the pre-hearing and post-hearing comments and requests to appear may be submitted at https://comments.ustr.gov/s/.
For additional information, contact Randall Oliver at 202-395-9449 or Randall.T.Oliver@ustr.eop.gov or Braeden Young at 202-395-9620 or Braeden.P.Young@ustr.eop.gov.
