Proposed revision of Clean Water Act protections threatens healthy water for our communities
Wetlands and streams in 24 states will be threatened if no action is taken
Restore America’s Estuaries (RAE) is raising urgent concerns about a new rule proposed by the U.S. Environmental Protection Agency (EPA) that would significantly roll back federal protections for wetlands and streams across the country. The proposal follows the 2023 Supreme Court decision in Sackett v. EPA, which overturned decades of established precedent under the Clean Water Act and sharply limited the scope of Waters of the United States (WOTUS).
In compliance with the Sackett decision, EPA has released a proposed rule that narrows federal oversight by removing protections for intermittent streams and wetlands connected through subsurface groundwater. These waters represent some of the most ecologically important freshwater sources feeding America’s estuaries, supporting water quality and natural flood defenses.
Currently, 24 out of 50 states rely on federal WOTUS protections for clean water enforcement of wetlands and streams. If this proposed rule becomes finalized, close to 80% of wetlands and over 5 million miles of streams would lose their protected status. Because most watersheds cross multiple state boundaries, this fragmented approach would create inconsistencies, weaken enforcement, and push environmental protections toward the lowest standards within the watershed. Federal policy must play a critical role in ensuring that states don’t export their pollution problems onto other states. History has shown the human and ecological costs savings of prevention are much greater than the costs of remediation.
“Eliminating safeguards for these critical waters puts our communities, coastlines, and ecosystems at extreme risk,” said Daniel Hayden, President and CEO of Restore America’s Estuaries. “Weakening these protections jeopardizes our drinking water quality, billions of dollars in coastal industries such as fisheries, boating, and shipping, as well as endangers critical infrastructure with increased upstream pollution.”
RAE urges federal leaders to reconsider the proposed rule and for Congress to clarify the legislation by restoring strong, science-based protections for wetlands and streams nationwide.
“We need to end the endless revision of WOTUS to ensure lasting, science-based policy that allows families, farmers, and industries the confidence and clarity to invest, while avoiding the costly consequences of pollution,” said Hayden.
If you would like to voice your expertise about this proposed rule, you can submit your comments for consideration.
Comments must be submitted by Jan. 5, 2026, and identified by Docket ID No. EPA–HQ– OW–2025–0322, through https://www.regulations.gov/commenton/EPA-HQ-OW-2025-0322-0001, by email to OW-Docket@epa.gov, or mail to U.S. Environmental Protection Agency, EPA Docket Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
If you are in one of the 24 states that will lose Clean Water Act protections for your streams and wetlands, we encourage you to work with your state government to update regulations that would restore the protections these waters have enjoyed for over 50 years.
