Comment on Steep Water Quality Cuts Proposed in New Federal Rule

The Clean Water Act just can’t catch a break, and neither can those of us who like our rivers to be safe for people to enjoy. Earlier this month the administration proposed a new rule that would leave about 80% of wetlands unprotected and strip basic protections from vast numbers of rivers and streams. The implicit goal of the rule is to allow for more development and pollution at the expense of our nation’s water quality, flood resilience, outdoor recreation, and ecology.

The government has heard from industry groups that want more latitude to pollute and develop streams and wetlands–and they listened. Now they need to hear from the rest of us. We make it super simple using our easy-action form to comment opposing this new rule AND send a letter to your reps in Congress letting them know the Clean Water Act is not being applied as they intended–and to step up and protect this nation’s waters! If you have an extra moment, please read on below to find out more and how to send a personal comment directly to the agency.

In 2023 the Supreme Court limited the scope of the Clean Water Act in their unfortunate Sackett v. Environmental Protection Agency (EPA) decision. The EPA, under the Biden administration, issued a new rule that year defining which wetlands and rivers are covered under the Clean Water Act to comply with the new court decision. It was as bad for clean water as the court decision, but not worse. This new proposed rule, now under the Trump Administration, is worse. 

We encourage boaters to also submit personal comments on the proposed rule with a clear request to protect as many rivers as possible. Suggested comment letter elements are: 

1. Introduce yourself.

2. Share that as boaters we experience water quality impacts firsthand, especially after rains when small streams and wetlands flush into the river we paddle. 

3. Share if you paddle desert rivers that are dry for part of the year, which are not protected under the new proposed rule. 

4. Share that you know firsthand that healthy rivers are good for communities and local economies, that pollution dumped upstream will make its way downstream, and that wetlands reduce flooding. 

5. Request a rule that protects as many rivers, streams, and wetlands as possible. 

6. Request that perennial, intermittent, and seasonal streams be included in the definition of “relatively permanent” waters, which merit protection. 

7. Request that “continuous surface connection” between wetlands and streams be defined using wet-season hydrology so that wetlands that are connected to streams after rains or snowmelt (but perhaps not during dry times) are covered. 

8. Request that covered waters include all natural tributaries with a bed and bank and that have some flow in at least most years.

9. Request that channelized natural streams not be excluded from protection under the ditch exclusion. Rivers and streams that have been channelized by people are still rivers and streams.

10. Request that hydrologic science be used to define reliable indicators of jurisdiction. Science should guide the process to ensure people downstream are protected from pollution and flooding. 

Public comment is accepted until January 5, 2026. 

Comment here: https://www.regulations.gov/commenton/EPA-HQ-OW-2025-0322-0001