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For Immediate Release
July, 13 2020, 12:00am EDT
Contact:
Andrew Hawley, Western Environmental Law Center, hawley@westernlaw.org
Amy Kober, American Rivers, akober@americanrivers.org
Bob Nasdor, American Whitewater, bob@americanwhitewater.org
Nic Nelson, Idaho Rivers United, nic@idahorivers.org
Walter “Redgie” Collins, California Trout, rcollins@caltrout.org
Outdoor Recreation and Conservation Advocates Challenge EPA Rule Granting Industry Priority Over State, Public in Clean Water Decisions
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA)
SEATTLE
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA) final rule effectively sidelining the role the states and the public have long played in permitting decisions affecting clean water.
"With this rule change, the Trump administration has given corporations the green light to run roughshod over local communities, and has proven it is more interested in corporate rights than states' rights," said Andrew Hawley, attorney at the Western Environmental Law Center. "The judicial branch must intervene to preserve some semblance of balance in our nation. What an opportunity for the courts here: To stop this flagrant overreach steamrolling states and Tribes while preserving an essential public health and clean water protection."
The new rule guts the Clean Water Act's Section 401 provisions, which for nearly 50 years have provided for states' and authorized Tribes' self-determination in permitting for a wide array of projects requiring federal approval within their borders. The rule also suppresses state and Tribal public participation processes that moor U.S. water policy in the harbor of democracy.
"Now is not the time to be rolling back protections for our rivers and clean water," said Chris Williams, senior vice president for conservation at American Rivers. "We need to be doing more, not less, to ensure healthy rivers can provide clean drinking water and support strong communities and local economies. The Trump administration's unlawful new 401 rules abandon the Clean Water Act's commitment to providing a voice for Tribes, states, and communities in how their rivers and streams are protected and managed, allowing potentially harmful projects to escape critical local review. We must protect the rights of states and Tribes to defend clean water safeguards."
"The rule changes will have a long-term and devastating effect on California's ability to manage its clean water resources," said Redgie Collins, staff attorney at California Trout. "Unless changed, this gives hydroelectric dam operators the ability to skirt State Water Board regulations that protect the health, safety, and welfare of all Californians."
This rule change is separate from rollbacks to the Waters of the U.S. Rule (WOTUS), which eliminates protections for many waterbodies throughout the country, but represents an equally dangerous threat to clean water and public health nationwide: Section 401 applies broadly to any proposed federally licensed or permitted activity that may result in a discharge into any waterway that is covered under the law. Projects that may be approved against states' and Tribes' wishes include pipelines, hydropower, industrial plants, municipal facilities, and wetland development.
Working in combination, the Section 401 and WOTUS rollbacks will make it virtually impossible for states, Tribes, and communities to stand in opposition to projects that will pollute and harm their rivers, streams, lakes, and wetlands.
Further, the new rule limits the information on proposed projects that may be made available to the states, Tribes, and the public.
"These new regulations are a brazen attack on the Clean Water Act with the goal of undermining the public's ability to protect our rivers from harmful impacts of federally-licensed energy projects on the environment and outdoor recreation," said Bob Nasdor, American Whitewater legal director. "Rather than protecting and restoring our rivers, these rules will weaken water quality by limiting the information, time for review, and ability of the states to require that projects meet state standards."
"Under the cover of COVID-19, the Trump administration has again stripped one of our bedrock environmental laws and is giving extractive and polluting industries the power to dictate their own pollutant levels in our rivers, lakes, and wetlands, all in the name of profit," said Nic Nelson of Idaho Rivers United. "By effectively silencing public review and participation processes for these projects, they will have equally degraded our basic rights of democracy."
The new rule, finalized without Congressional input, directly overturns Congress' intent to integrate state and federal authority for permitting decisions affecting state waterways.
Letters (public comments) from states, Tribes, and organizations opposing Section 401 rollbacks:
Opposition Letter: State of South Dakota (scathing)
October 21, 2019
https://pdfhost.io/v/v.mLY3z2d_20191021South_Dakota_CWA_401_commentspdf.pdf
Opposition Letter: State of Arkansas
October 21, 2019
https://pdfhost.io/v/5RTbsrt8~_AR_401_Commentspdf.pdf
Opposition Letter: State of California
October 21, 2019
https://pdfhost.io/v/F1zojtGKa_20191021_Ltr_to_A_Wheeler_re_SWRCB
Opposition Letter: Confederated Tribes and Bands of the Yakama Nation
October 21, 2019
https://pdfhost.io/v/FoaQ2zvAh_20191021Yakama_Nation_Section_401_Commentspdf.pdf
Opposition Letter: Inter Tribal Association of Arizona
October 21, 2019
https://pdfhost.io/v/.jk5nJ1oK_InterTribal_Assn_of_AZ_401_Commentspdf.pdf
Opposition Letter: State of Idaho
October 21, 2019
https://pdfhost.io/v/kZlX31CB7_ID_401_Commentspdf.pdf
Opposition Letter: State of Louisiana
October 19, 2019
https://pdfhost.io/v/F52ivsrg._LA_401_Commentspdf.pdf
Opposition Letter: Menominee Indian Tribe of Wisconsin
October 22, 2019
https://pdfhost.io/v/UTuKpy6FF_Menominee_Tribe_401_Commentspdf.pdf
Opposition Letter: State of Montana
October 17, 2019
https://pdfhost.io/v/SnoPVhxYj_MT_401_rule_Commentspdf.pdf
Opposition Letter: State of Nevada
October 17, 2019
https://pdfhost.io/v/0BeC6MkzI_NV_401_Rule_Commentspdf.pdf
Opposition Letter: State of New York
October 21, 2019
https://pdfhost.io/v/c0.jrsYs~_NY_401_Commentspdf.pdf
Opposition Letter: State of Pennsylvania
October 21, 2019
https://pdfhost.io/v/Q9h7qFprp_PA_Comments_on_401_rulepdf.pdf
Opposition Letter: Seattle City Light
October 21, 2019
https://pdfhost.io/v/XDTlaYaTh_Seattle_City_Light_401_Commentspdf.pdf
Opposition Letter: Skokomish Indian Tribe
October 20, 2019
https://pdfhost.io/v/NKCE.ps4l_20191020Skokomish_Tribe_Section_401_Commentspdf.pdf
Opposition Letter: Standing Rock Sioux
October 21, 2019
https://pdfhost.io/v/67Ar2EyV8_Standing_Rock_Sioux_401_Commentspdf.pdf
Opposition Letter: State of Tennessee
October 21, 2019
https://pdfhost.io/v/e7PdQltny_TN_401_Commentspdf.pdf
Opposition Letter: State of Texas
October, 2019
https://pdfhost.io/v/SS5mPC48m_TX_401_commentspdf.pdf
Opposition Letter: Twenty-Nine Palms Band of Mission Indians
October 14, 2019
https://pdfhost.io/v/hiNTrBCKr_Twenty_Nine_Palms_Band_401_Commentspdf.pdf
Opposition Letter: State of Washington
May 24, 2019
https://pdfhost.io/v/21GYgD4xa_WA_401_Commentspdf.pdf
Opposition Letter: National Governors' Association
October 18, 2019
https://www.nga.org/policy-communications/letters-nga/natural-resources-committee/
Opposition Letter: Western Governors' Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, Council of State Governments, Western Interstate Region, Association of Clean Water Administrators, Association of State Floodplain Managers, Association of State Wetland Managers, Western States Water Council
October 16, 2019
https://www.ncsl.org/Portals/1/Documents/standcomm/scnri/EPA_NPRM_CWA_401_Comments_FINAL.pdf?ver=2019-10-17-150909-880×tamp=1571346568787
Opposition Letter: Earthjustice, Sierra Club, and 31 other organizations
October 21, 2019
https://www.sierraclub.org/sites/www.sierraclub.org/files
Opposition Letter: Sens. Carper, Duckworth, and Booker
October 21, 2019
Opposition Letter: Southern Environmental Law Center
October 21, 2019
Opposition Letter: Rep. Peter DeFazio
July 29, 2019
https://transportation.house.gov/imo/media/doc/2019-7-29%20PAD_LTR%20to%20EPA%20re%20401Certification.pdf
The Western Environmental Law Center uses the power of the law to safeguard the public lands, wildlife, and communities of the American West in the face of a changing climate. We envision a thriving, resilient West, abundant with protected public lands and wildlife, powered by clean energy, and defended by communities rooted in an ethic of conservation.
(541) 485-2471LATEST NEWS
'Horrifying Act of Violence': Three Men Shot Dead at San Diego Mosque
"When leaders traffic in anti-Muslim rhetoric, violence follows," said one Democratic senator. "We must confront Islamophobia with the urgency it demands."
May 18, 2026
A pair of teenagers allegedly fatally shot three men at a San Diego mosque on Monday before killing themselves in an attack condemned by many—but welcomed or denied by a handful of far-right figures.
The alleged shooters, who the FBI said were 19 and 17 years old, attacked the Islamic Center of San Diego (ICSD) in the Clairemont neighborhood of California's second-largest city, with officers dispatched to the site at 11:43 a.m., according to San Diego Police Chief Scott Wahl. The center contains a mosque and a school where children were studying at the time of the attack.
The chief said one of the victims was a security guard who played a "pivotal" role in preventing more people from being shot at the county's largest mosque just before hundreds of worshippers were expected for afternoon prayers. The guard has been identified as Amin Abdullah.
Wahl said that two shooters—who have yet to be publicly identified—appear to have died from self-inflicted gunshot wounds. Investigators are treating the shooting as a hate crime.
ICSD director Imam Taha Hassane said that all students and staff members were safely evacuated from the facility.
“It is extremely outrageous to target a place of worship,” Hassane added.
The New York Times reported that investigators recovered anti-Islamic material in the vehicle used by the shooting suspects, and that the words "hate speech" were written on one of the guns used in the attack.
President Donald Trump called the shooting a "terrible situation," while some of his supporters denied or seemed to welcome the attack.
Taheen Nizam, director of the San Diego branch of the Council on American-Islamic Relations, said in a statement after the shooting that “we strongly condemn this horrifying act of violence at the Islamic Center of San Diego."
"Our thoughts are with everyone impacted by this attack," Nizam added. "No one should ever fear for their safety while attending prayers or studying at an elementary school. We are working to learn more about this incident and we encourage everyone to keep this community in your prayers.”
The Jewish Democratic Council of America also condemned the attacks. JDCA said that "we're deeply saddened by the shooting at a mosque in San Diego, and our thoughts are with the San Diego Muslim community and all impacted by this tragedy."
"Attacks on our fellow Americans at places of worship are unacceptable," the group added.
New York City Mayor Zohran Mamdani was among the Democratic leaders who denounced the shooting, posting on X that he is "horrified by the deadly attack," which he called "an apparent act of anti-Muslim violence."
Several Democratic US lawmakers also condemned the attack.
"What happened at the Islamic Center of San Diego today is devastating," Sen. Chris Coons (D-Del.) said on X. "I’m praying for the victims, their families, and their loved ones."
"This is horrifying, and it did not happen in a vacuum," Coons added. "Muslim communities in this country have been demonized and treated as inherently suspect by those willing to fuel fear for power. When leaders traffic in anti-Muslim rhetoric, violence follows. We must confront Islamophobia with the urgency it demands."
Sen. Dick Durbin (D-Ill.) also took to X, writing, "I condemn the deadly shooting at a mosque in San Diego, California."
"Every American should be able to practice their religion without fear of violence," he added. "We must do more to combat anti-Muslim bigotry."
Rep. Pramila Jayapal (D-Wash.) said she is "devastated to see the news of this deadly attack on a mosque in San Diego."
"Our places of worship should be safe spaces for all people," she added. "We must all stand up and condemn this attack and all forms of Islamophobia, racism, and hatred that are on the rise in our communities."
Rep. Rashida Tlaib (D-Mich.), who is Muslim and the only Palestinian American in Congress, posted on social media: "I am praying for all the families at the Islamic Center of San Diego. My heart breaks every time senseless violence shatters the safety all of our communities deserve."
Gun control advocates also weighed in on the shooting, with March for Our Lives executive director Jaclyn Corin saying, "We reject the idea that this kind of tragedy is inevitable."
"We have the power to build a society where hatred is confronted before it turns deadly, where communities are protected instead of targeted, and where every person can worship freely and safely without fear," Corin added. "This moment demands more than grief. It demands courage, solidarity, and a collective commitment to rejecting the violence, dehumanization, and extremism that continue to endanger our communities."
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Trump Halts Iran Attack at Gulf Monarchs' Request as Democrats Renew War Powers Push
Senate Minority Leader Chuck Schumer urged the GOP to "realize that this war didn't end at the 60-day mark and will not end until Republicans show some backbone and support Democrats' war powers resolution."
May 18, 2026
As President Donald Trump announced Monday that he hit pause on a planned attack against Iran at the request of three Gulf monarchs, Senate Minority Leader Chuck Schumer renewed Democrats' push for a war powers resolution to end the illegal conflict.
Trump wrote on his Truth Social platform Monday afternoon that "I have been asked by the Emir of Qatar, Tamim bin Hamad Al Thani, the Crown Prince of Saudi Arabia, Mohammed bin Salman Al Saud, and the President of the United Arab Emirates, Mohamed bin Zayed Al Nahyan, to hold off on our planned Military attack of the Islamic Republic of Iran, which was scheduled for tomorrow, in that serious negotiations are now taking place, and that, in their opinion, as Great Leaders and Allies, a Deal will be made, which will be very acceptable to the United States of America, as well as all Countries in the Middle East, and beyond."
"This Deal will include, importantly, NO NUCLEAR WEAPONS FOR IRAN!" the president continued. "Based on my respect for the above mentioned Leaders, I have instructed Secretary of War, Pete Hegseth, The Chairman of The Joint Chiefs of Staff, General Daniel Caine, and The United States Military, that we will NOT be doing the scheduled attack of Iran tomorrow, but have further instructed them to be prepared to go forward with a full, large scale assault of Iran, on a moment’s notice, in the event that an acceptable Deal is not reached."
Responding to the post on X, Trita Parsi, co-founder and executive vice president of the Quincy Institute for Responsible Statecraft, concluded that "once again, Trump has realized that escalation will end up badly for the US. That does not necessarily mean, though, that the necessary realism, discipline, and creativity will be mustered for the talks."
Prior to the president's Monday announcement, Parsi had warned that "the Middle East is once again teetering on the brink as Trump appears poised to reignite war with Iran," pointing out reporting that he would convene military advisers on Tuesday and that he had "flooded Truth Social with a barrage of incendiary threats."
The Trump administration partnered with Israeli forces to launch an assault on Iran—without authorization from Congress and in violation of the United Nations Charter—on February 28. Just hours after Trump's genocidal threat against Iran on April 7, a ceasefire agreement was reached; it has since been extended, though the US has maintained its naval blockade while Iran has continued to restrict ship traffic through the Strait of Hormuz.
The beginning of this month marked a key deadline under the War Powers Act, which the administration tried to dodge by claiming that the current ceasefire means the conflict has been "terminated." While key Republicans, including House Speaker Mike Johnson (La.), have tried to stick to that talking point, Democratic leaders and legal experts aren't buying it.
Nope.Not how this works.A naval blockade is an act of war and U.S. armed forces remain engaged in hostilities for the purposes of the War Powers Resolution.
[image or embed]
— Brian Finucane (@bcfinucane.bsky.social) May 17, 2026 at 10:15 AM
Congressional Democrats have repeatedly tried to pass war powers resolutions in the Republican-controlled chambers.
Last Thursday, Congressman Jared Golden (D-Maine) cast the deciding vote on the latest war powers resolution considered in the House of Representatives. The retiring former Marine sided with all Republicans except Reps. Tom Barrett (Mich.), Brian Fitzpatrick (Pa.), and Thomas Massie (Ky.) to block the measure.
As The Hill reported Monday:
Golden, a former Marine who served in both Iraq and Afghanistan, has indicated he'll support the next war powers resolution. He said he only opposed the last measure because it had a withdrawal deadline that had already passed.
"I look forward to voting for a clean, relevant resolution as soon as possible," Golden said in a statement Wednesday.
And Rep. Frederica Wilson (D-Fla.) could return to Congress after being absent for four weeks and not voting on any issue since April 17. Wilson released a statement Thursday that she recently underwent eye surgery and was unable to fly but plans to be back in Washington, DC, soon.
With Rep. Tom Kean Jr. (R-NJ) also absent since March 5 because of a "personal medical issue," Republicans can't have more than two defections on an otherwise party-line vote.
In other words, "it may [come] down to absences," as Punchbowl News reporter Anthony Adragna said on social media Monday.
Like in the House, the latest Senate vote also came down to a Democrat: Sen. John Fetterman (Pa.) has repeatedly voted with nearly all Republicans against war powers resolutions on Iran, and did so again last Wednesday. Unlike Golden, Fetterman told Semafor on Monday that Senate Democrats know he's "pretty much locked and loaded" regarding his support for Trump's war.
"Something like this is much more important than just voting what your base might demand. Because I think things are much bigger and more important than that. And Iran with a nuclear bomb is one of those things," Fetterman said, taking aim at anti-war campaigners. "I'm very much aware how damaging it is as a Democrat to hold these views. I had 20 CodePink dopes in my office."
CodePink held a "brown bag teach-in" lunch last week. The group said that "many of Fetterman's constituents feel betrayed by the person they campaigned to elect in 2022. Since becoming a senator in 2023, he has repeatedly broken with fellow Democrats to support Trump's wars and militaristic policies. Constituents hope this lunchtime educational session will help him better understand the human consequences of these positions and the growing opposition among Pennsylvanians to endless war and continued support for Israel."
While Fetterman opposed the latest resolution, Sens. Susan Collins (R-Maine), Lisa Murkowski (R-Alaska), and Rand Paul (R-Ky.) all voted in favor of it, and Schumer (D-NY) made clear on the chamber's floor Monday that he's pushing for an eighth vote.
"Over the weekend, Donald Trump told Iran, 'The clock is ticking, and they better get moving, fast, or there won't be anything left of them,'" Schumer noted. "How can Donald Trump say the clock is ticking when he told the Senate that the clock had paused when his war recently passed the War Powers Act's 60-day threshold to either end hostilities or get congressional authorization?"
"Senate Republicans need to stop playing dumb and realize that this war didn't end at the 60-day mark and will not end until Republicans show some backbone and support Democrats' war powers resolution to end the fighting," he declared. "This week, Democrats will force an eighth vote on our war powers resolution to withdraw our troops from hostilities with Iran."
Schumer added that "I urge Republicans to support our war powers resolution, end the war, get the troops out of harm's way, or else Republicans will learn that the clock is ticking not only on this war but on their own political futures."
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'Telling the Public to Drink Poison': Trump EPA Targets Drinking Water Limits for 'Forever Chemicals'
"You cannot make America healthy again while allowing toxic PFAS to flow freely from our taps," said the Environmental Working Group's president.
May 18, 2026
President Donald Trump is yet again facing accusations of breaking his campaign promise to "Make America Healthy Again" after the US Environmental Protection Agency on Monday proposed repealing and delaying some landmark limits on "forever chemicals" in drinking water.
Per- and polyfluoroalkyl substances (PFAS) are commonly called forever chemicals because they persist in the environment, humans, and wildlife for long periods. Despite their links to various health issues, including cancer, they have been used in products such as firefighting foam, food packaging, nonstick pans, and water-resistant fabrics for clothing and furniture.
The Biden administration was praised for its historic steps to reduce PFAS contamination of tap water and urged to go even further. However, the Trump EPA is now pushing to delay those limits for two common contaminants, PFOA and PFOS, and abandon the restrictions for four others: PFBS, PFHxS, and PFNA, and HFPO-DA—also known as GenX.
Announcing the proposed rules on Monday, EPA Administrator Lee Zeldin and US Department of Health and Human Services Secretary Robert F. Kennedy Jr. claimed not only that the Biden administration failed to follow federal law in implementing its restrictions, but also that the new proposals are part of the president's Make America Healthy Again pledge. They highlighted "innovative" technologies plus funding for states to address PFAS in tap water.
However, campaigners who have long called for stricter PFAS policies excoriated the Trump administration over its two proposed rules—which are set to be published in the Federal Register with a 60-day public comment period, and the subject of an EPA hearing scheduled for July 7.
"Zeldin and Kennedy are trying to sell potions out of the back of a covered wagon. The millions of Americans demanding safe drinking water are not going to fall for their hocus pocus," said Anna Reade, director of PFAS advocacy at the Natural Resources Defense Council, in a statement. "By repealing and delaying PFAS standards, EPA is abandoning communities in desperate need of drinking water protections, especially those who live near polluting industries."
Food and Water Watch's water program director, Mary Grant, declared that "with today's proposals, the Trump administration is telling the public to drink poison. It has once again shown that it represents the interests of billionaire corporate polluters—not the health of people in this country."
"One thing is absolutely clear, we cannot roll back or delay protections against PFAS," she said. "For decades, communities have been sounding the alarm and demanding action on these toxic forever chemicals. Instead of implementing commonsense regulations, Trump's EPA has doubled down on weakening our drinking water protections. Every person deserves and needs clean, safe water, and today's proposed rules are threats to millions of people."
Grant argued that "EPA must not delay or roll back these hard-won limits on toxic PFAS contaminants in drinking water. It must immediately cease these deregulatory actions, stop approving new PFAS chemicals, ban all nonessential uses, hold polluters accountable for clean up, expand protections to regulate the entire class, and ramp up support to ensure that every community has access to safe, affordable water."
Ken Cook, president and co-founder of the Environmental Working Group (EWG), which has tracked PFAS contamination across the United States and publicly released its findings, was similarly outraged by the EPA proposals.
"You cannot make America healthy again while allowing toxic PFAS to flow freely from our taps," Cook said. "The Trump EPA is caving to chemical industry lobbyists and water utility pressure—and in doing so, it is condemning millions of Americans to drink contaminated water for years to come."
"The price of this decision will be paid by ordinary people, in the form of more PFAS-related diseases," he warned.
While Trump's agency leaders claimed Monday that the Biden administration ran afoul of the Safe Drinking Water Act, EWG accused them of violating that same law, given its requirement that any revision to a tap water standard "maintain, or provide for greater, protection of the health of persons."
Melanie Benesh, vice president of government affairs at EWG, said that "this is a deliberate decision to expose American families to chemicals linked to cancer and other serious health harms. Rolling back limits on four PFAS and then allowing water systems to push compliance deadlines to 2031, when contamination is ongoing, is unconscionable."
"The communities least able to protect themselves will pay the highest price," she added. "That is not regulatory reform. It is an environmental injustice."
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