Proposed changes to federal water rule put polluters over people

Rollbacks would further restrict water, wetlands protections under Clean Water Act

WASHINGTON — Today, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released their proposed new definition for “waters of the United States,” which defines which water bodies are protected under the Clean Water Act. The proposal narrows the scope of that definition by removing protections from even more wetlands and streams than dictated by a 2023 Supreme Court decision.

In its 2023 decision in Sackett v. EPA, the U.S. Supreme Court limited the scope of the Clean Water Act, holding that wetlands were only protected by the federal law if they had a “continuous surface connection” to otherwise covered waters. If the agencies adopt their new definition, even more bodies of water would be open to pollution or destruction by industry and development.

In response, Mark Sabath, SELC senior attorney, released the following statement:

“This proposed rule, if adopted, could have catastrophic ramifications for communities already plagued by flooding, water quality concerns, and drinking water shortages. After critical, longstanding protections for clean water and wetlands were drastically narrowed by the Sackett decision, we need stronger protections, not weaker, to safeguard our communities and environment.”

Once the proposed rule is published in the Federal Register, the public will have 45 days to weigh in during the public comment period.