The EPA is proposing a new rule that would dramatically reduce federal protections for streams, swamps, and groundwater under the Clean Water Act. This rule would weaken the definition of the “Waters of the United States” leaving millions of critical waterways (including groundwater sources) vulnerable to increased risks from pollution. This in return will impact the many Black, and Appalachian communities that rely on these waters for clean drinking water, recreation, fisheries, and aquatic life.

It was announced November 17th that the EPA would accept public comment for this rule with a deadline to submit by January 5th. With this comment period being in the midst of the holiday season, where many are traveling or on holiday break, many people are requesting this deadline be extended by at least 15 days. This would allow more people to understand all the proposal documents and prepare a thoughtful (and not rushed) comment on the importance and harm of this rule passing.

Passing this rule would:

• Undermine protections for drinking-water sources, especially in communities relying on smaller, headwater streams or wetlands for groundwater recharge.

• Groundwater would be excluded in this new rule.

• Narrow the scope of waters protected by the Clean Water Act. This would remove federal safeguards from many rivers, streams, lakes, wetlands, and other vital waterways.

• Complicate long-term efforts around equitable access to safe, publicly provided water.

• Exclude wetlands and smaller streams, especially in vulnerable or low-income areas in the cases of flooding, groundwater recharge, nutrient cycling, and buffering against extreme weather.

• Ultimately result in increased water bills for communities that already experience poor water quality.

Collectively, these actions threaten to reverse more than five decades of progress to reduce pollutants in our water with a risk of adding more. Protecting Appalachian waterways is not just an environmental issue, it’s about community health, ending environmental racism, and holding corporate polluters accountable. By raising our voices now, we can make sure decision-makers understand the importance of safeguarding ALL of our water sources under the Clean Water Act to ensure our drinking water is safe!

Our main asks are:

• DO NOT exclude groundwater or any other drinking water sources

• DO NOT narrow the scope of waters protected under the Clean Water Act

• Approve requests for an extension to extend the public comment period by at least 15 days

• Host more public and virtual events in majorly impacted cities/states

• Consider alternative definitions listed and proposed by environmental experts

This is a critical moment. By speaking out now, we can demand that the EPA protect ALL waters because clean water is our right, not a privilege.

More details can be found at:

• https://www.epa.gov/wotus/updated-definition-waters-united-states

• https://www.epa.gov/wotus/current-implementation-waters-united-states

• https://eelp.law.harvard.edu/tracker/defining-waters-of-the-united-states-wotus/

• https://www.environmentallawplus.com/2025/11/epa-proposes-new-clean-water-act-definition-of-waters-of-the-united-states/

• https://cleanwater.org/publications/letter-to-epa-WOTUS-comment-period

• https://narf.org/clean-waters-under-threat/

• https://www.epa.gov/laws-regulations/summary-clean-water-act