EPA Move Would Further Limit States, Tribes’ Water Quality Powers

WASHINGTON, D.C. - The Environmental Protection Agency's latest Clean Water Act rulemaking would undermine states and Tribes' abilities to ensure federally-approved projects do not threaten wildlife and people's access to clean, safe water.

"This proposal will undercut the rights of states and Tribes while putting drinking water at risk," said Jim Murphy, senior director of legal advocacy for the National Wildlife Federation. "This move runs counter to the Administration's repeated promises to enhance states' rights while protecting water quality."

Section 401 of the Clean Water Act gives states and Tribes the right to certify that a federally approved projects comply with water quality requirements. In June 2020, the prior Trump Administration finalized a similar rollback, which was largely overturned by the Biden Administration, whose replacement rule also included streamlining measures, such as clearer timelines.