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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.
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Progressive Analilia Mejia Declares 'People-Powered Victory' in New Jersey as AIPAC Spending Backfires
"It is time for us to focus on what really matters: unrigging this economy, making sure we reclaim our democracy—and it starts right now," Mejia said as the race officially remained too close to call.
Feb 06, 2026
This is a developing story... Please check back for updates...
Progressive organizer Analilia Mejia emerged late Thursday as the leader of a crowded Democratic primary race for a vacant US House seat representing New Jersey's 11th Congressional District, potentially notching a stunning upset in a contest that saw outside groups—including one linked to AIPAC—spend millions.
The bulk of that money came from the United Democracy Project (UDP), a billionaire-funded pro-Israel group that spent big to defeat former Rep. Tom Malinowski (D-NJ) in favor of its preferred candidate, Tahesha Way. The investment appears to have backfired in embarrassing fashion: Way is currently sitting in a distant third place, while UDP's attacks on Malinowski—regarded as a pro-Israel Democrat during his time in Congress—appear to have harmed him enough to propel Mejia, who has called Israel's assault on Gaza a genocide.
While the primary race is officially too close to call, some analysts said they expect Mejia to win after the remaining ballots are counted. As of this writing, Mejia—whose campaign was backed by Sen. Bernie Sanders (I-Vt.), Rep. Alexandria Ocasio-Cortez (D-NY), and other prominent progressives—is holding to a 486-vote lead.
"New Jersey, I am so excited to say that we have delivered people-powered victory," Mejia, a supporter of Medicare for All and other progressive policy ambitions, said in a video posted to social media shortly after midnight. "It is time for us to focus on what really matters: unrigging this economy, making sure we reclaim our democracy—and it starts right now."
My message to New Jersey voters. pic.twitter.com/8u8EBy02f7
— Analilia Mejia for NJ (@AnaliliaForNJ) February 6, 2026
The New Jersey Working Families Party, which endorsed and supported Mejia, said in a statement that "while every vote must still be counted, Analilia Mejia’s performance is historic."
"Analilia shocked the New Jersey political establishment and did what so many people said she couldn’t,” said Antoinette Miles, the organization's state director. “Voters are hungry for working-class leaders, and tonight they showed it.”
Prominent outlets, including Decision Desk HQ, were forced to retract their earlier projections of a Malinowski win after the progressive candidate took the lead. Mejia rubbed it in by posting to X the famous photo of Harry Truman holding up a copy of the Chicago Daily Tribune that featured the erroneous banner headline, "Dewey Defeats Truman."
The winner of the 11th Congressional District primary and April 16 general election will fill the remainder of New Jersey Gov. Mikie Sherrill's congressional term, which expires in January 2027.
Progressives who backed Mejia's campaign attributed her late surge to persistent organizing and a last-ditch advertising push. Rep. Pramila Jayapal (D-Wash.) noted that while Mejia "was outspent by millions," strategic spending by progressive PACs helped boost her campaign in the final days of the primary.
"When there’s a real organizer running, we don’t need to match $ for $—we just need to be in the ring," Jayapal wrote on social media late Thursday.
Observers also marveled at AIPAC's blundering intervention in the race. UDP's ads against Malinowski did not mention Israel; rather, one of the spots condemned the former congressman for voting in 2019 to fund President Donald Trump's "deportation force," possibly pushing voters toward the candidate who has called for the abolition of Immigration and Customs Enforcement (ICE).
"ICE is not reformable nor fixable, and New Jerseyans know this," Mejia said last month. "We need members of Congress who are willing to stand up to authoritarianism and terror. The same old blue just won’t cut it."
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Ex-Officials, Watchdogs Rip Trump Effort to 'Bully' IRS Into Giving Him $10 Billion in Taxpayer Dollars
"Our government should be accountable to the people, not the whims of a power-hungry executive," said one Common Cause campaigner.
Feb 05, 2026
Less than a week after a court filing revealed that President Donald Trump is suing his own Treasury Department and Internal Revenue Service for $10 billion over the leak of his tax returns during his first term, former federal officials and watchdog groups on Thursday called out his attempt to abuse "powerful tools for holding government accountable."
The legal group Democracy Forward filed a friend-of-the-court brief on behalf of Common Cause, the Project On Government Oversight, ex-IRS Commissioner John Koskinen, former National Taxpayer Advocate Nina Olson, and Kathryn Keneally and Gilbert Rothenberg, who both held leadership roles in the US Department of Justice's Tax Division.
"This case is extraordinary because the president controls both sides of the litigation, which raises the prospect of collusive litigation tactics," states the amicus brief. "Collusive litigation threatens the integrity of the judicial process by risking the court's entanglement in an illegitimate proceeding. And although the complaint has significant defects—it was filed too late, against the wrong party, and for an unsupported and excessive sum of damages—the conflicts of interest make it uncertain whether the Department of Justice will zealously defend the public fisc in the same way that it has against other plaintiffs claiming damages for related events."
"To maintain the integrity of the judicial process in the face of these highly irregular circumstances, the court should consider exercising its inherent judicial authority to proactively manage this case from the outset," argued the former officials and groups, known as amici. Specifically, they said:
- First, the court should consider issuing an order for the parties: to show cause why this court has jurisdiction over this case, to explain how they will address the fundamental conflict-of-interest problems with this case, to show why this case should not be stayed until after President Trump leaves office, and to show why the unjustified $10 billion damage figure should not be stricken from the pleadings;
- Second, the court should consider appointing amici who have expertise on issues of tax law and separation-of-powers issues to present fulsome legal arguments on all future issues that arise in this case; and
- Third, the court should consider allowing participation of those amici in hearings.
"To treat this case like business as usual," the coalition declared, "would threaten the integrity of the justice system and the important taxpayer and privacy protections at the heart of this case."
In a statement about the new filing in the Southern District of Florida, Abigail Bellows, Common Cause's senior policy director for anti-corruption and accountability, stressed that "we are watching a president attempt to bully the IRS into giving him billions of our taxpayer dollars."
"Our government should be accountable to the people, not the whims of a power-hungry executive," Bellows said. "We urge the court to take steps to promote judicial integrity and protect the public interest."
President Trump has made $4 billion since his second inauguration. And now, he's suing the Treasury Department and IRS for $10 billion more in "damages."So we're filing a brief urging the court to reject President Trump’s scheme and protect taxpayers.
[image or embed]
— Democracy Forward (@democracyforward.org) February 5, 2026 at 5:37 PM
In addition to representing the amici in this case, Democracy Forward has launched various other lawsuits against Trump and his administration, which have faced sweeping allegations of corruption since the president returned to power a year ago.
According to an analysis published by the New York Times editorial board last month, on the one-year anniversary of his second inauguration, Trump and his family enriched themselves to the tune of at least $1.4 billion during the first year of his second term—largely through investment in cryptocurrencies, though he's also secured settlements from tech and media companies.
Various other members of the second Trump administration have also been accused of corruption and conflicts of interest, and as the Times separately revealed in December, many rich and powerful contributors Trump's post-election fundraising haul have received corporate-friendly regulatory changes, dropped enforcement cases, government contracts, and even pardons.
"The president's corruption continues, this time in an attempt to take $10 billion dollars of the taxpayers' money, which threatens to make a mockery out of our justice system," said Democracy Forward president and CEO Skye Perryman. "Not only does the president's baseless case have significant legal defects, but there are colossal conflicts of interest at play."
"We thank these experts for raising these serious concerns about how President Trump is seeking to further illegally line his own pockets at the public’s expense and our brief urges the court to exercise its power to ensure the matter is not one-sided."
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Global Sumud Flotilla Announces Spring Mission to 'Break the Illegal Blockade of Gaza'
Organizers say they're "mobilizing thousands from over 100 countries in a coordinated, nonviolent response to genocide, siege, mass starvation, and the destruction of civilian life in Gaza."
Feb 05, 2026
Organizers of the Global Sumud Flotilla—the largest-ever activist effort to break Israel's blockade of Gaza by sea—said Thursday that they will launch a new and bigger mission next month to deliver humanitarian aid to the Palestinian exclave, whose people have suffered from 28 months of genocidal Israeli war and siege.
Global Sumud Flotilla called its spring 2026 mission, which is scheduled to depart from Barcelona on March 29, "a historic escalation in civilian-led maritime action to break the illegal blockade of Gaza."
"We are sailing again this year. This time, we're sailing with more boats, and more activists... and we are determined to break this illegal siege on Gaza and show the world that the peace talks are not really peace talks, but the further colonization of Palestinian territories," organizer Yasmin Acar told South African Broadcasting Corporation News Radio. "We will not stop until the siege is broken."
Global Sumud Flotilla said: "A primary focus of the 2026 mission is the deployment of a specialized medical fleet. Carrying more than 1,000 healthcare professionals and stocked with lifesaving medicines and equipment, this fleet aims to stabilize Gaza's healthcare system and support the efforts of local medical teams who have endured two years of genocide."
Like most of Gaza, the strip's healthcare infrastructure is in ruins after deliberate targeting of medical facilities and workers by Israeli forces.
Mandla Mandela, grandson of South African anti-apartheid icon Nelson Mandela and a past flotilla participant, called the new effort "cause... for those that want to rise and stand for justice and dignity for all."
Last summer, dozens of boats carrying hundreds of activists from over 40 nations took part in the last Global Sumud Flotilla—sumud means “perseverance” in Arabic—as it attempted to run Israel’s naval blockade and deliver desperately needed humanitarian aid including food, medicines, and baby formula to the starving people of Gaza amid Israel's genocidal war and siege on the people of the coastal strip.
Israeli forces intercepted and seized the flotilla vessels in international waters in early October, arresting all aboard the boats and temporarily jailing them in Israel, where some including Swedish climate campaigner Greta Thunberg said they were physically and psychologically abused by their captors.
The Freedom Flotilla Coalition has made numerous attempts to break Israel's blockade by sea, all of which ended in more or less the same way. In 2010, Israeli forces raided one of the first convoys carrying humanitarian aid to Gaza by sea. The Israeli attackers killed nine volunteers aboard the MV Mavi Marmara, including Turkish-American teenager Furkan Doğan.
“We may not have reached Gaza physically," flotilla activist Susan Abdallah told Al Jazeera Thursday, but "we have reached the people in Gaza."
"They know that we care, that we will not stop at anything until we actually break the siege," she added.
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