Trump EPA Takes 'Yet Another Sledgehammer' to Clean Water Act

President Donald Trump's administration sparked fresh fury on Friday when it proposed a supplemental rule to further gut Clean Water Act protections for streams and wetlands in the wake of a "catastrophic" US Supreme Court ruling three years ago.

The supplemental proposal from the Department of the Army and Environmental Protection Agency builds on their widely criticized proposed rule from November for defining "waters of the United States" (WOTUS)—both of which go further than the high court did with its 2023 decision in Sackett v. EPA.

While the American Petroleum Institute and some Republicans in Congress joined Assistant Secretary of the Army for Civil Works Adam Telle and EPA Administrator Lee Zeldin in promoting the new proposal, environmental and public health advocates sounded the alarm.

"What the Supreme Court did in its Sackett decision was an inexcusable assault on clean water," Jon Devine, director of freshwater ecosystems at the Natural Resources Defense Council, said in a Friday statement. "Communities and wildlife will pay the price until Congress fixes it. The Trump administration's answer has been to make a bad situation worse."

"This proposal declares open season on the nation's waterways. It denies federal protection to virtually all wetlands and more than three-quarters of our streams, endangering drinking water supplies and flood-prone communities—and the agencies admit it themselves," he noted. "The proposal would virtually eliminate protection for freshwater wetlands. Their own analysis says most streams would lose protection, with the West hit hardest."

Food & Water Watch legal director Tarah Heinzen declared that "Trump is taking yet another sledgehammer to our bedrock Clean Water Act, shamelessly doubling down on his initial terrible proposal to strip protections from countless streams and wetlands."

"Make no mistake: This unlawful proposal gives bad actors the green light to fill, drain, and poison sensitive waterways from coast to coast," she warned. "The result will be dirtier water for everyone. The administration must reverse course on this dangerous proposal."

Gary Belan, senior director of American Rivers' Clean Water Program, stressed that "our nation's water resources are precious and increasingly at risk. This is not the moment to be jeopardizing the nation's water security by narrowing the safeguards of the Clean Water Act."

The public comment period for the initial proposal has closed but, as Belan noted, the publication of the supplemental rule in the Federal Register kicks off a new 30-day period. He said that "while we appreciate EPA's effort to seek more public comment, the proposed changes will have consequences that will impact communities across the nation if finalized."

"The proposed definitions do not reflect the established science on how rivers function and would significantly reduce the scope of the Clean Water Act," he continued. "When headwater and intermittent streams and wetlands lose protection, downstream flooding worsens, the costs of drinking water treatment rises, and water supplies become less reliable."

Jim Murphy, the National Wildlife Federation’s associate vice president for legal advocacy, pointed out that "this is now the fifth effort to define the scope of the waters protected by the Clean Water Act in the past decade. We need Congress' help to get off this merry-go-round at a place that protects our waters, our wildlife, and our way of life."

"The administration is clearly struggling to craft a rule that will hold up in court while satisfying their donors' desire to effectively scrap these protections wherever possible," he added. "One thing is clear: If we don’t protect our streams and wetlands, the cost of dirtier drinking water and increased flooding will flow downstream to households at a time when most Americans are living paycheck to paycheck."