For five decades, Section 401 of the Clean Water Act has provided states and authorized tribes with a critical tool to protect their waterways from pollution. This provision allows local communities to review major federal projects like pipelines, dams, and industrial facilities that could affect their water quality.

Under this authority, states and tribes have been able to ensure that projects meet local water quality standards before they proceed, protecting drinking water sources, fisheries, and wetlands.

Now, the Environmental Protection Agency is proposing to significantly limit this authority. The proposed rule change would restrict states and tribes to reviewing only "direct discharges" into waterways, rather than allowing them to conduct holistic assessments of a project's broader environmental impacts This shift represents a substantial reduction in local control over water quality decisions.

The New York Times describes this rule in shockingly clear terms, saying “the agency plans to calculate only the cost to industry when setting pollution limits, and not the monetary value of saving human lives.”

If enacted, this rule would make plain that this government works only for corporations, not the American people. That’s why we must stop it.

The EPA claims these changes will increase "transparency, efficiency and predictability," but this comes at the cost of meaningful environmental review. For communities across the country, this represents a shift away from protective environmental stewardship toward expedited project approvals.

The proposed changes are particularly concerning as demand for new infrastructure, including data centers and energy projects, continues to grow. Without robust state and tribal review processes, communities may have limited ability to protect their water resources from emerging industrial pressures.

We have the chance to make our voices heard during the public comment period, which goes through February 17th.

Use our simple tool to make your voice heard today!