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'Literally Eat Sh*t': Supreme Court Strikes Down EPA Clean Water Rule
"This ruling undermines decades of progress in environmental protection and leaves communities vulnerable to unchecked pollution," said one critic.
Mar 04, 2025
The right-wing U.S. Supreme Court on Tuesday overturned federal rules regulating the discharge of water pollution, weakening the Clean Water Act in an unusual case in which one of the country's greenest cities found itself at odds with the Environmental Protection Agency.
The high court ruled 5-4 in San Francisco v. Environmental Protection Agency that EPA limitations banning discharges that cause or contribute to violations of water quality standards are an overreach of the agency's statutory authority. The California city joined polluter lobbyists including the National Mining Association, American Farm Bureau Federation, and American Fuel and Petrochemical Manufacturers in challenging the EPA's so-called "end-result" requirements.
The ruling severely limits the power of the EPA and states to safeguard water quality under the Clean Water Act (CWA) and undermines the landmark law's stated mission to "restore and maintain the chemical, physical, and biological integrity of the nation's waters."
In a 5-4 decision, the Supreme Court weakened the Clean Water Act's limitations on raw sewage discharge into our water. This will hurt the health of Americans, especially working class people from all backgrounds. Americans deserve clean water.
— Nina Turner ( @ninaturner.bsky.social) March 4, 2025 at 8:57 AM
Writing for the majority—which also included Chief Justice John Roberts and Justices Brett Kavanaugh, Clarence Thomas, and Neil Gorsuch—far-right Justice Samuel Alito asserted that the EPA "resorting to such requirements is not necessary to protect water quality," and that "if the EPA does its work, our holding should have no adverse effect on water quality."
Alito apparently did not take into account what the Sierra Club has called the Trump administration's " unprecedented" attacks on the EPA, one of numerous federal agencies targeted by Elon Musk's Department of Government Efficiency for terminations and cutbacks.
Justice Amy Coney Barrett joined the three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—in dissent.
Tuesday's ruling follows Sackett v. Environmental Protection Agency, a 2023 decision in which the high court severely curtailed protections for "waters of the United States" by holding that the CWA only covers wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters."
Responding to Tuesday's ruling, Sanjay Narayan, chief appellate counsel of Sierra Club's Environmental Law Program, said in a statement that "SCOTUS' decision ignores the basic reality of how water bodies and water pollution work, and could stymie the ability of the EPA to implement the Clean Water Act, a bedrock environmental law that has kept water safe for the last 50 years."
"Because the EPA is not allowed to include health-based standards when regulating water pollution, it'll need to know everything about what might be discharged before a clean water permit can be issued—making the permitting process delayed and incredibly expensive," Narayan added. "The result is likely to be a new system where the public is regularly subjected to unsafe water quality."
Waterkeeper Alliance CEO Marc Yaggi said that "bit by bit, the power of the Clean Water Act is being undermined, weakening protections for our waters, and limiting EPA's ability to safeguard public health and the environment."
"The Supreme Court has set a dangerous precedent that could compromise the safety of our rivers, lakes, and drinking water sources," Yaggi added. "This ruling undermines decades of progress in environmental protection and leaves communities vulnerable to unchecked pollution."
Campaign for New York Health executive director Melanie D'Arrigo said on social media, "The five Supreme Court justices who voted to weaken the Clean Water Act should be forced to drink a nice tall glass of raw sewage discharge."
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'Catastrophic Blow': GOP and Three Democrats Confirm Zeldin for EPA
"This dangerous agenda that Zeldin will oversee will roll back vital pollution limits that protect us, abandon clean energy investments, and lock the country into reliance on dirty, expensive fossil fuels," said one campaigner.
Jan 29, 2025
Climate and public health advocates were outraged on Wednesday after a trio of U.S. Senate Democrats
voted with Republicans to confirm President Donald Trump's pick to lead the Environmental Protection Agency, former New York Congressman Lee Zeldin.
Critics have warned that Zeldin—like other Cabinet nominees—will serve billionaire polluters, not the American people and the planet, since Trump named him in November. They renewed those warnings after Democratic Sens. John Fetterman (Pa.), Ruben Gallego (Ariz.), and Mark Kelly (Ariz.) voted with Republicans to confirm him as EPA administrator.
After Zeldin's confirmation, the youth-led Sunrise Movement called him "a disaster for our planet and a win for Big Oil."
Climate Action Campaign director Margie Alt said in a statement that "Lee Zeldin's confirmation as EPA administrator is a catastrophic blow to the health of Americans, the climate, and the economy. Under Zeldin's leadership, the Environmental Protection Agency will no longer protect the American people and our communities—it will protect polluters."
Pointing to the new administrator's record and public statements, Alt said that "this dangerous agenda that Zeldin will oversee will roll back vital pollution limits that protect us, abandon clean energy investments, and lock the country into reliance on dirty, expensive fossil fuels that cost families at the gas pump."
"Americans didn't vote for dirtier air, more asthma attacks, or rising healthcare costs, yet that is exactly what Zeldin's EPA will deliver. Vulnerable communities, especially children, and seniors will bear the brunt of these policies, while a few fossil fuel executives rake in profits," she continued. "Zeldin's confirmation is a tragic failure for all Americans."
Marc Yaggi, CEO of Waterkeeper Alliance, declared that "this is a make-or-break moment for clean water, and the American people deserve leadership that puts their needs above the influence of corporate polluters."
While praising Zeldin's past rejection of offshore oil drilling and support for "sensible policies" on "forever chemicals," Yaggi said that "his history of voting against critical infrastructure and environmental funding and opposing clean water and air protections raises serious concerns about his commitment to effectively leading the Environmental Protection Agency."
Moms Clean Air Force suggested a rebrand for the EPA under Zeldin and Trump: Extreme Pollution Agency.
Since returning to the White House just 10 days ago, Trump has already
taken various executive actions to attack the planet.
"The EPA's stated mission is to protect human health and the environment," Sierra Club legislative director Melinda Pierce said. "In the wake of Donald Trump's dangerous executive orders and illegal push to freeze all federal funding, the new EPA administrator will face a decision of whether to carry out the necessary duties of the role, or fold to Trump's deadly fossil fuel-backed agenda and broken promises."
"The American people want to breathe clean air and drink clean water," she stressed. "They want a healthy environment for their families today and the future generations of tomorrow. And they want to know that their government is doing everything in its power to protect them from the destructive impacts of the climate crisis that we sadly witness more and more of each day. That is now Lee Zeldin's charge, and we will do everything in our power to hold him accountable to the American people."
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Complying With Right-Wing Supreme Court, Biden EPA Guts Wetland Protections
"Congress and local elected officials must now step in and do more to protect clean water through durable legislation and state-based action," said one advocate.
Aug 29, 2023
Under a U.S. Supreme Court ruling condemned by clean water advocates earlier this year, the Environmental Protection Agency on Tuesday announced a revised rule that could clear the way for up to 63% of the country's wetlands to lose protections that have been in place nearly half a century under the Clean Water Act.
EPA Administrator Michael Regan said he had been "disappointed" by the 5-4 decision handed down in Sackett v. Environmental Protection Agency in May, but he was obligated under the ruling to issue a final rule changing the agency's definition of "waters on the United States."
As Common Dreams reported, the high court ruled in May that the Clean Water Act protects waters and wetlands that have a "continuous surface connection to bodies that are waters of the United States in their own rights," such as major rivers and coastlines.
Prior to the ruling, the Clean Water Act protected wetlands as long as they had a "significant nexus" to regulated waters, but the EPA rule removes that test from consideration when determining if a waterway should be protected. The rule will leave streams and tributaries—and the communities adjacent to them—without protections from pollution that can be caused by housing and business development, mining, pipeline construction, and a number of industries.
The ruling and resulting EPA rule reflected "the Supreme Court's disturbing pattern of striking down environmental regulations to serve industry interests," said environmental law group Earthjustice on Tuesday.
An EPA official told The Washington Post that an estimated 1.2 million to 4.9 million miles of ephemeral streams across the U.S. would immediately lose protections now that the final rule has been issued.
Julian Gonzalez, a water policy lobbyist with Earthjustice, told the Post that changing the rule is "not necessarily what they want to do" at the EPA, while Patrice Simms, the group's vice president of litigation for healthy communities, called the court's ruling a "politically motivated decision" that "ignores science and flies in the face of what almost everyone knows: that we all need clean water."
"The Supreme Court's right-wing supermajority's disastrous ruling in Sackett v. EPA reduced EPA's ability to protect our wetlands and waters from destruction and contamination," said Simms. "The new rule from EPA adjusts its existing regulations to comport with Sackett and reflects our dangerous new reality—one where mining companies, Big Ag fossil fuel developers, and other polluting industries can bulldoze and fill wetlands indiscriminately, harming our public health and ecosystems."
With state regulatory agencies and legislatures now empowered to determine how wetlands are protected, Earthjustice said waterways in states including Texas, Kentucky, Oklahoma, and Colorado are the most vulnerable to industrial pollution. States including Vermont, New York, and Minnesota currently have some of the strongest protections in place.
Marc Yaggi, CEO of Waterkeeper Alliance, said that with the climate and pollution crises becoming increasingly destructive, "there could not be a worse time to weaken the Clean Water Act."
"Intensifying droughts are wreaking havoc on agriculture, pollution and toxins are increasingly threatening water sources nationwide, and millions of people are contending with dangerously contaminated drinking water," said Yaggi. "Congress and local elected officials must now step in and do more to protect clean water through durable legislation and state-based action."
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Analysis Shows Toxic 'Forever Chemicals' Found in Over 80% of US Waterways
Prevalence of PFAS chemicals known to cause cancer and other harms to people and wildlife "demonstrate that existing laws and regulations are inadequate for protecting us."
Oct 18, 2022
A new study based on localized surveys of waterways across the United States found that more than 80% of streams, canals, creeks, and rivers in the country contain detectable levels of toxic "forever chemicals" that scientists warn can cause an array of damaging harm to people, communities, and wildlife.
According to reporting by the Guardian, the new Waterkeeper Alliance analysis "found detectable PFAS levels in 95 out of 114, or 83%, of waterways tested across 34 states and the District of Columbia, and frequently at levels that exceed federal and state limits."
As the news outlet notes:
PFAS, or per- and polyfluoroalkyl substances, are a class of about 12,000 chemicals often used to make products resist water, stain and heat. They are called "forever chemicals" because they don't naturally break down, and are linked to cancer, liver problems, thyroid issues, birth defects, kidney disease, decreased immunity and other serious health problems.
Previous analyses have used municipal utility data to estimate that the chemicals are contaminating drinking water for over 200 million people, while another study found widespread contamination of groundwater drawn by private and municipal wells.
Speaking with the Guardian, Waterkeeper Alliance CEO Marc Yaggi said the analysis' findings "clearly show widespread PFAS contamination across the country and demonstrate that existing laws and regulations are inadequate for protecting us."
And because many of the detected chemicals are not officially designated as hazardous substances by the Environmental Protection Agency, Yaggi warns that U.S. taxpayers will be on the hook for cleaning up contaminated areas--"subsidizing the industrial polluters," he said.
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Green Groups Sue Army Corps of Engineers Over Nationwide Pipeline Permit
"There's simply no justification for allowing destructive and dangerous pipelines to avoid rigorous environmental review."
May 03, 2021
Five eco-advocacy groups sued the U.S. Army Corps of Engineers on Monday for allegedly violating federal law by issuing a nationwide fossil fuel pipeline permit without adequate analysis of its environmental impacts.
"The Biden administration... allowed the new iteration of Nationwide Permit 12 to become effective before any changes could be made to ensure that communities, wildlife, and waterways are protected."
-- Center for Biological Diversity
The lawsuit (pdf)--filed in a federal district court in Montanta by the Center for Biological Diversity (CBD), Sierra Club, Montana Environmental Information Center, Friends of the Earth, and Waterkeeper Alliance Inc.--accuses the U.S. Army Corps of Engineers (USACE) of violating the Endangered Species Act (ESA), the National Environmental Policy Act, the Clean Water Act, and the Administrative Procedure Act by reissuing Nationwide Permit 12 (NWP 12) "without adequately assessing its significant direct, indirect, and cumulative environmental effects."
NWPs are only meant to be issued when the permitted activity will have minimal adverse environmental impacts. They require no public notice and, according to CBD, "in many cases projects covered by them may be constructed without any notification to, or further review by, the corps."
NWP 12--which provides a streamlined process to permit oil and gas pipelines to cross rivers, streams, and wetlands--was reissued in the final days of the Trump administration. CBD said in a statement announcing the lawsuit that in doing so, USACE "failed to analyze the environmental impacts of pipelines, including from oil spills and the destruction of tens of thousands of acres of waterways relied on by people and endangered wildlife."
According to CBD:
The 2021 iteration of Nationwide Permit 12 will allow thousands of discharges of dredged or fill material into the nation's waters and wetlands from oil and gas pipeline construction. The corps estimates that Permit 12 will be used 8,110 times per year, or an estimated 40,550 times over its expected five-year duration, resulting in impacts to approximately 3,075 acres of U.S. waters. These activities--which are approved with little or no environmental review--threaten iconic species like critically endangered sturgeon and whooping cranes, Florida manatees, and hundreds of kinds of migratory birds that need wetlands to survive.
The Biden administration allowed the reissuance of NWP 12 to proceed, even as President Joe Biden signed his day one "Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis," which included rescinding the federal permit for the construction of the highly controversial Keystone XL pipeline.
"While the Biden administration has called for a review of the nationwide permits... it allowed the new iteration of Nationwide Permit 12 to become effective before any changes could be made to ensure that communities, wildlife, and waterways are protected," CBD said.
"This is nothing short of blatant disregard for federal law and the range of serious environmental and socioeconomic harms that will occur."
--Hallie Templeton,
Friends of the Earth
Jared Margolis, a senior attorney at CBD, argued in a statement that "there's simply no justification for allowing destructive and dangerous pipelines to avoid rigorous environmental review, and it's disheartening to see the corps continue to flaunt its obligation to protect our nation's waters and imperiled wildlife."
Hallie Templeton, deputy legal director at Friends of the Earth, said her organization is "extremely disappointed" that the Biden administration has allowed NWP 12 and other nationwide permits to go into effect.
"This move streamlines permitting for a range of dirty industries, like pipelines and offshore aquaculture, and allows the Army Corps to approve these projects without fulfilling mandated environmental reviews and consultations," she added. "This is nothing short of blatant disregard for federal law and the range of serious environmental and socioeconomic harms that will occur."
Last April, a federal judge ruled that USACE violated the ESA when it issued Nationwide Permit 12. The Trump administration ignored the ruling and reissued the permit.
The new lawsuit was filed on the same day that the Standing Rock Sioux were set to learn whether the Dakota Access Pipeline will be temporarily shut down for a court-ordered environmental review. The Biden administration has so far refused to cancel DAPL during the review period, despite campaign promises to improve relations with Indigenous tribes and transition the nation to clean energy.
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Green Coalition Threatens to Sue Biden Administration Over Trump-Era Permits That 'Jeopardize' Wildlife
If the U.S. Army Corps of Engineers "continues to ignore its duty to properly account for the harm Nationwide Permit activities pose to species, then litigation may be necessary," the groups said.
Feb 07, 2021
A coalition of environmental advocacy groups on Monday threatened to sue the U.S. Army Corps of Engineers for failing to ensure that Trump-era development permits "will not jeopardize endangered species and critical habitat across the country."
"It's long past time for the Corps to rethink its approach to dredge-and-fill permitting and to ensure that these activities will not put endangered species or their habitat in jeopardy."
--Daniel E. Estrin,
Waterkeeper Alliance
The Center for Biological Diversity, Center for Food Safety, Natural Resources Defense Council, Sierra Club, Waterkeeper Alliance, and other groups filed their formal notice (pdf) to the Biden administration regarding Nationwide Permits reissued during the final days of Donald Trump's presidency.
At issue are 16 permits that, according to the Center for Biological Diversity, "will allow hundreds of thousands of discharges of dredged or fill material into the nation's waters and wetlands from oil and gas development, pipeline and transmission-line construction, and coal mining."
"The U.S. Fish and Wildlife Service and National Marine Fisheries Service have previously found that these activities--which are approved with little or no environmental review--threaten iconic species including whooping cranes, Florida manatees, and the hundreds of migratory birds that need wetlands to survive," the center said.
Last May, a federal judge ruled that the U.S. Army Corps of Engineers violated the Endangered Species Act when it issued Nationwide Permit 12, which allows companies to construct energy projects--including the highly controversial Keystone XL pipeline--at water crossings.
"Rather than comply with a court order to ensure that endangered species are protected from further death and destruction, the Trump administration doubled down on its original violation by issuing even weaker Nationwide Permits with fewer protections for these species," Daniel E. Estrin, general counsel for Waterkeeper Alliance, said in a statement.
"It's long past time for the Corps to rethink its approach to dredge-and-fill permitting and to ensure that these activities will not put endangered species or their habitat in jeopardy," Estrin added.
Jared Margolis, senior attorney at the Center for Biological Diversity, said in a statement that the Trump administration "flagrantly violated bedrock environmental laws when it reissued the Nationwide Permits, without regard for the people, places, or wildlife that are affected by this deeply flawed program."
"I'm hoping President Biden will prevent the Corps from continuing to use the permits to rubber-stamp major projects like oil pipelines that leak and spill, degrading the clean water that people and wildlife need."
--Jared Margolis,
Center for Biological Diversity
"I'm hoping President Biden will prevent the Corps from continuing to use the permits to rubber-stamp major projects like oil pipelines that leak and spill, degrading the clean water that people and wildlife need," added Margolis.
On his first day in office, Biden issued an executive order revoking Keystone XL's permit and calling for a review of the 15 others.
"While the groups are hopeful that this process will result in important changes to the program, if the Corps continues to ignore its duty to properly account for the harm Nationwide Permit activities pose to species, then litigation may be necessary," the coalition said in its statement.
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Pools of Waste: Landmark Analysis Exposes Factory Farming Filth
The analysis makes clear: 'Animal feeding operations are degrading the quality of life for hundreds of thousands of rural residents.'
Jun 22, 2016
A new and unsavory analysis by the Environmental Working Group (EWG) and Waterkeeper Alliance sheds light on the true impact of industrial factory farms on communities and waterways in North Carolina and beyond.
On Wednesday, the groups released a set of first-of-their-kind interactive maps revealing the locations, size, and waste outputs of more than 6,500 concentrated animal feeding operations (CAFOs) across North Carolina. These maps led researchers to what they call "an inescapable conclusion: Animal feeding operations are degrading the quality of life for hundreds of thousands of rural residents."
Among the data presented in the EWG-Waterkeeper maps and accompanying report, Fields of Filth:
- Ten billion gallons of wet animal waste (swine and cattle) are produced yearly in North Carolina, equivalent to 15,000 Olympic-size swimming pools.
- Annually, poultry operations in the state produce more than 2 million tons of dry animal waste.
- 4,145 waste pits make up 6,848 acres of North Carolina's countryside.
- Thirty-seven waste pits are within a half mile of a school.
- Two hundred eighty-eight waste pits are within a half mile of a church.
- One hundred thirty-six waste pits are within a half mile of a public water well.
- One hundred seventy waste pits are within the state's 100-year floodplain.
- Poultry housed in CAFO facilities outnumber residents by 20 to 1.
These facilities and their poorly regulated waste disposal systems "send disease-causing microbes and toxic chemicals into surface water and air," the report says--killing fish, contaminating drinking water, and raising the risk for respiratory problems, among other health impacts.
"With the public record exemption afforded by state regulations, the [poultry] industry has exploded throughout this beautiful region, and these maps finally show just how extensive that growth is."
--Sam Perkins, Catawba Riverkeeper
Indeed, the analysis shows that Duplin and Sampson counties—which alone produced about 40 percent of the state's total wet animal manure and 18 percent of the dry waste—" are beset with numerous air and water quality problems," the groups point out.
"Animal agriculture operations are one of the leading sources of water and air pollution in the country and are making people sick," said Ken Cook, president and co-founder of EWG. "These maps show, for the first time, that thousands of CAFOs and the animal waste they produce are often adjacent to communities and vital water sources."
For instance, added Sam Perkins, the Catawba Riverkeeper:
We have 1,000 poultry houses in the Catawba River basin in North Carolina. With the public record exemption afforded by state regulations, the industry has exploded throughout this beautiful region, and these maps finally show just how extensive that growth is. Many of these operations cannot even take the simple measure of covering their waste piles with a simple tarp to prevent runoff. Downstream of many of these sites, the Catawba River is dammed into lakes, which serve as major regional drinking water reservoirs and provide tens of billions of dollars of property tax base critical to local economies. The toxin microcystin produced by harmful algal blooms--like those seen in eastern North Carolina and in Toledo, Ohio--fueled by nutrient runoff from these sites, would be disastrous for the Charlotte region.
Armed with the new data, aerial photos, and a better-informed public, the groups will now push policymakers toward more effective regulation of industrial agriculture.
"For far too long, North Carolinians have been kept in the dark about the true impact these industrial factory farms are having on communities and waterways," said Marc Yaggi, executive director of Waterkeeper Alliance. "Information is power, and now that these sites are definitively identified, we will hold accountable the North Carolina Department of Environmental Quality and the U.S. Environmental Protection Agency for enforcing the Clean Water Act and fixing these massive pollution problems."
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Clean Water Safeguards Headed Down the Drain?
Jan 23, 2012
When the Clean Water Act was enacted, the Cuyahoga River was so polluted that it literally caught fire, the majestic Hudson River's fishery was gone and Lake Erie was declared all but dead. This bold legislation put forward by visionaries in Congress returned control of our nation's waterways to the citizens of the United States as part of the public trust. However, today the concept of the public trust, the commons, is being quickly eroded by corporate polluters and their cronies in Congress who are determined to return to the era of using out nation's waterways as open sewers, toxic dumps and landfills.
Despite the fact that the Clean Water Act has been responsible for providing millions of Americans with opportunities to swim, drink and fish in clean water, every branch of our federal government--the legislative, executive and judicial--have taken aim at the Act. The courts have worked to narrow the definition of "waters of the United States," the Bush Administration used its power to narrow that definition even further, and Congress made efforts to chip away at the Act. Even the states have joined the party, cutting clean-water enforcement budgets every time they face a fiscal challenge. Now, however, our Congress is launching the most aggressive, nefarious attacks on our right to clean water in the nation's history.
As the Clean Water Act moves into its 40th year, it faces a crisis not of its own doing, but one engineered by members of Congress who put the interests of the public aside to do the bidding of the corporate polluters who fill their campaign coffers. If their efforts succeed, they will cripple contemporary American democracy and undermine the most extraordinary body of environmental law in the world. We cannot allow that to happen.
For the past several months, a myriad of bills before the U.S. House of Representatives either have been laden with extraneous amendments and anti-environmental "riders" that seek to dismantle our environmental protections piecemeal or, in the case of one of these bills, the cynically named "Clean Water Cooperative Federalism Act of 2011'' (H.R. 2018), seeks to take a sledgehammer to the very foundation of the Clean Water Act, which has become a global model for water protection.
Seeking to strip the federal government's authority to regulate water quality standards and weaken the U.S. Environmental Protection Agency's (EPA) power to enforce the law when states fail to protect waterways, this approach will start a race to the bottom, as shortsighted and self-interested state politicians dismantle their clean water laws in payback to their supporters, including the nation's worst polluters.
These bills, amendments and budget riders propose to gut the Clean Water Act and jeopardize the environmental health of our waterways and the lifeblood of our communities across the country, all without public debate. We must take action. This Congress must face the same public backlash that the l04th Congress faced when it took aggressive action to despoil the waters we use for swimming, drinking and fishing.
Waterkeeper Alliance and our partners will work every day to remind Americans, and the world, that we have indeed come a long way from 1969, when the Cuyahoga River was burning. But we still have a long way to go to protect all of our waterways. Congress' 1972 goal was to have eliminated all discharges of pollutants into the nation's navigable waters by 1985. Almost two decades later, in 2002, the U.S. EPA mournfully acknowledged that water quality in many parts of the country was in steady decline.
Waterkeeper Alliance is officially launching its Clean Water Act 40 Campaign to celebrate, activate and advocate for the Clean Water Act during the 40th anniversary of this landmark legislation. Throughout 2012, Waterkeeper Alliance will be working with partners to engage communities across the nation to stand up for their basic right to swimmable, drinkable and fishable water. We will not stand for any attacks on our communities that undermine the clean water protections that our streams, rivers, lakes and estuaries have been afforded over the past 40 years.
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