Just days after the public comment period closed on the Polluted Water Rule, the Trump administration launched yet another attack on the Clean Water Act — this time targeting Section 401, one of the strongest tools that states and Tribes have to protect their waters from pollution.
This is not a coincidence. Polluters and their allies in the administration are moving quickly, attempting to dismantle the Clean Water Act piece by piece. Section 401 is the next target.
A public comment period is now open, but we only have until February 17th to be heard!
What is Clean Water Act Section 401?
Section 401 gives states and Tribal governments the authority to review federally permitted projects: such as pipelines, dams, mines, and industrial facilities. This review process can eventually deny or condition those permits if a project would violate state or Tribal water quality standards.
For decades, Section 401 has helped protect:
- Drinking water sources
- Rivers, lakes, streams, and wetlands
- Communities downstream from large infrastructure projects
It is a cornerstone of cooperative federalism and a critical safeguard for clean water.
What EPA is Proposing
EPA’s proposed rule would significantly weaken Section 401 by:
- Limiting what states and Tribes are allowed to consider when reviewing projects
- Restricting meaningful analysis of water quality impacts
- Making it more difficult to deny or condition permits, even when pollution risks are clear
The proposal prioritizes speeding up project approvals over protecting water quality and public health.
Why This Matters
This proposal follows immediately after the Polluted Water Rule, which stripped federal protections from vast numbers of wetlands and streams. Together, these actions leave more waters unprotected and fewer tools available to stop pollution.
When upstream protections disappear, pollution moves downstream. Drinking water becomes more expensive to treat, flooding risks increase, and communities bear the costs, not polluters.
Section 401 exists because Congress recognized that states and Tribes must have a meaningful role in protecting their waters. Weakening that authority puts communities, ecosystems, and public health at risk.
Take Action: Submit a Comment Today
EPA is required to consider public comments before finalizing this rule. Submitting a comment is one of the most effective ways to push back against this proposal.
Tell EPA:
- Do not weaken Clean Water Act Section 401
- Protect state and Tribal authority to safeguard water quality
- Stop dismantling the Clean Water Act piece-by-piece