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builders and contractors
Permitting America to Build
By Josh Leonard
|
October 6, 2025

Since the start of the second Trump administration and the 119th Congress, the executive and legislative branches have implemented the following actions to alleviate obstructions to efficient infrastructure construction:
- Passage of the One Big Beautiful Bill Act: Signed into law on July 4, 2025, the landmark tax and spending bill focused on maintaining and expanding the Tax Cuts and Jobs Act’s beneficial tax provisions for American businesses and workers. It also revised the environmental review structure, creating a fee-for-service option that guarantees completion times. Project owners who pay 125% of a review’s estimated cost receive six-month environmental assessments and 12-month impact statement completion times, compared with 2024 averages of 9.6 months and 2.2 years, respectively, according to the Council on Environmental Quality. The law exempts reviews for which a fee is paid from further administrative and judicial reviews, frequently used by activists to delay or block projects.
- Removal of National Environmental Policy Act Implementing Regulations: On February 25, 2025, the CEQ issued an interim final rule repealing all previously issued NEPA regulations. The rule, effective April 11, 2025, stated that the CEQ no longer has authority to issue binding NEPA regulations and tasked federal agencies with developing their own NEPA rules. Following this, numerous federal agencies have established or revised their own NEPA regulations with the goal of establishing a coordinated, predictable and transparent process to streamline permitting while maintaining necessary environmental safeguards.
With more than a year remaining in the 119th Congress and three years left in the Trump administration, the Republican majority and executive branch are advancing the following additional permitting reforms:
- A Final Rule Clarifying the Definition of “Waters of the United States”: The U.S. Environmental Protection Agency’s Office of Water aims to issue a final rule defining WOTUS in a manner consistent with the U.S. Supreme Court’s Sackett decision by January 2026. This rulemaking is expected to clarify which waters fall under federal jurisdiction following ambiguous and expansive definitions of WOTUS promulgated by the Biden administration.
- The Standardizing Permitting and Expediting Economic Development Act: The SPEED ACT would codify NEPA’s intent to prescribe necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action” and establish reasonable timelines for filing judicial review claims. The legislation awaits a vote in the U.S. House of Representatives Natural Resources Committee.
- The Promoting Efficient Review for Modern Infrastructure Today Act: The PERMIT Act would clarify the definition of WOTUS, expedite jurisdictional determinations, streamline the Section 404 dredge and fill permit process, extend National Pollutant Discharge Elimination System permit terms and reduce the amount of time that the EPA has to deny or restrict the use of a defined space as a disposal site to the period between a completed application and permit issuance. The legislation awaits a House floor vote.
With Congress and the White House’s actions and objectives, the construction industry can expect a more transparent, consistent and predictable permitting process that provides developers and contractors with the ability to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and successfully stewarding public funds.
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