We are facing one of the greatest threats to the Clean Water Act in its long and effective history.

While we await publication of final Waters of the U.S. “replace rule” (currently at OMB, publication expected early winter 2019), EPA has launched a new proposal to dramatically weaken the Clean Water Act, this time taking aim at the authority of States and Tribes to protect water resources through the Section 401 water quality certification process. Section 401 is a tool used by states and tribes to protect water resources from impacts of federally permitted development, such as ensuring fish passage or minimum instream flows at hydropower projects or protecting streams and wetlands from impacts related to pipeline projects.


The proposed rule would vastly undercut state and tribal authority to protect coldwater resources. In issuing this proposal, the EPA rejects decades of administrative practice and directly defies numerous judicial interpretations, including at least two Supreme Court rulings. Comments are due on October 21st. Visit this blog to learn more about the proposal and how you can take action to defend these critical protections.