FOR IMMEDIATE RELEASE
January 13, 2026
CONTACT: Aaron Bharucha, Public Relations Associate
(509) 429-1699 and epn-press@environmentalprotectionnetwork.org
Yet Another Trump EPA Proposal Hands Clean Water Decisions to Polluters
Washington D.C. – Today, the Environmental Protection Network (EPN) condemned the U.S. Environmental Protection Agency’s proposed changes to the Section 401 Water Quality Certification regulations as yet another attack on clean water protections that empower polluters.
Section 401 gives states and Tribes the power to review proposed projects—such as pipelines, dams, and industrial facilities—and deny approval if they threaten water quality. Today’s proposal would sharply narrow that authority – weakening clean water protections by narrowing which projects qualify for Section 401 review and ignoring major water quality harms from non-point sources such as industrial runoff. It also imposes unrealistic review timelines, gives industry new power to block protective conditions, and undermines Tribal authority by making it harder for Tribes to obtain Treatment as a State.
During the first Trump Administration, EPA narrowed Section 401 reviews to only allow states and Tribes to consider direct pollution discharges when considering applications for CWA permits. During the Biden Administration, EPA reversed course and restored state and Tribal authority over all water quality concerns as part of the 401 certification process. In May, however, EPA announced a renewed position that Section 401 is limited solely to water quality–related impacts, laying the groundwork for today’s proposal.
“Once again this Administration is weakening clean water protections and siding with polluters over communities,” said Philip Mancusi-Ungaro, EPN volunteer and former Senior Clean Water Act Attorney at EPA. “EPA’s proposal limits water quality evaluations to point source discharges and weakens states and Tribes ability to safeguard their waters. The result is less protection for public health and greater risk for children and families.”
Mancusi-Ungaro added, “While this administration claims to support state and Tribal rights, this rule strips those rights away and leaves power in the hands of polluters.”
EPN will be submitting formal comments to today’s EPA proposal within the 30-day comment period.
Last week, EPN submitted comments opposing the Trump Administration’s proposed definition of “Waters of the United States,” which was established to protect America’s rivers and streams and, ultimately, the well-being of communities. EPN urged EPA and the U.S. Army Corps of Engineers (USACE) to abandon the damaging proposal and instead rely on the 2023 Conforming Rule, which already addresses the Sackett decision. EPN also called on EPA and USACE to work proactively with states and Tribes to fill the gaps in water resource protection created by Sackett.
When coupled with the restricted definition of the Trump Administration’s proposed definition of “Waters of the United States” rule, today’s rule will further impair water quality in the nation’s waterways.
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