Maintaining Cooperative Permitting Act of 2025

This bill aims to solidify the approval of certain state-run permitting programs under the Federal Water Pollution Control Act, commonly known as the Clean Water Act. It specifically ratifies and approves the Environmental Protection Agency's (EPA) past decisions to allow Michigan, New Jersey, and Florida to administer their own programs for the discharge of dredged or fill material. A key provision of the bill is the prohibition against the EPA Administrator withdrawing approval for these established state programs unless expressly authorized by a subsequent Act of Congress. This measure ensures the permanence and legal force of these state-managed environmental permitting processes. Furthermore, the bill mandates that if the Administrator determines a new state program is comparable to the existing approved ones, it must be approved, leading to the suspension of federal permit issuance for those activities. Finally, the legislation clarifies an important procedural aspect by amending the Federal Water Pollution Control Act to state that the approval of a state permit program shall not be considered a rule or regulation. This distinction could have implications for administrative review and challenges to such approvals.