CCA Opposes Proposal to Narrow Clean Water Act Authority

Comments filed by CCA Jan. 4 expressed strong opposition to an Environmental Protection Agency proposal to narrow the definition of "waters of the United States" (WOTUS) protected by the Clean Water Act.

"The Proposed WOTUS Rule would exclude many rivers, streams, and wetlands from protection under the Clean Water Act, on the grounds that they are not continuously flowing year-round or during an arbitrarily defined 'wet season,' " the club's comments said. "This would allow polluters to discharge harmful contaminants into rivers, streams, and wetlands that may be small and noncontinuous but are critical to a healthy ecosystem."

The comments further noted, "Even pollution that is discharged into a dry streambed can eventually mix with rain or snowmelt, run downstream or seep into underground streams and aquifers, and enter large rivers, lakes, and other large waterbodies, thereby compromising the water quality of entire watersheds, along with wildlife habitat, farmlands, local communities, and drinking water supplies. Even when a stream may appear dry at the surface, water may be continuously or intermittently flowing underground, allowing contaminants to reach portions of the stream that do flow continuously at the surface."

Chair Hugh Hilliard submitted the comments in the EPA rulemaking proceeding on behalf of the club. Kathleen Sengstock, Conservation Committee co-chair, took the lead in drafting the document.

EPA proposed its rule in November, with the stated goal of bringing agency regulations into compliance with a 2023 Supreme Court ruling that cut back on the agency's jurisdiction. The court said EPA's authority over wetlands extended only to those with a "continuous surface connection" to a "relatively permanent" body of water, but did not explicitly define "relatively permanent." The Biden Administration EPA did narrow its definitions in response to the Supreme Court decision, but the Trump Administration EPA is taking that narrowing many steps farther.

According to the Natural Resources Defense Council, the EPA proposal would put between 38 million and 70 million acres of wetlands at risk of pollution or destruction. American Rivers estimates that "close to 80% of America’s remaining wetlands would lose Clean Water Act protections."

The EPA proposed rule has been welcomed, on the other hand, by various agricultural organizations, mining groups, and homebuilding and development interests.

For more information on EPA proposed rule on "waters of the United States":

CCA comments on EPA proposed rule (also accessible from CCA Home Page)

Text of proposed rule (with links to public comments), 90 FR 52498 (Nov. 20, 2025) (text also available as PDF)

EPA announcement of proposed rule (Nov. 17, 2025)

American Rivers, "Our Four Biggest Concerns with the Trump Administration’s Proposed WOTUS Rule" (Nov. 25, 2025)

Natural Resources Defense Council, "Trump Administration Plans to Gut Water Protections Nationwide" (Nov. 17, 2025)