American Rivers Concerned EPA’s New Proposed Clean Water Act Rule Will Damage Wetlands, Increase Flood Risk 

Contact: Hawk Hammer, National Communications and Media Director, Hhammer@americanrivers.org  

11/17/2025 Washington, D.C. – American Rivers is today announcing its disapproval of the Environmental Protection Agency’s new proposed definition of the “Waters of the United States” (WOTUS) provision of the Clean Water Act.  

“This proposed rule is unnecessary and damaging, and ignores the scientific reality of what is happening to our nation’s water supply and the promise being made of regulatory certainty is misleading. It would likely make things worse for flood-prone communities and industries dependent on clean, reliable water,” said Leda Huta, vice president of government relations for American Rivers. “The EPA is taking a big swipe at the Clean Water Act, our greatest tool for ensuring clean water nationwide. We implore them to reverse course.” 

As written currently, the rule would dramatically reduce the reasonable science-based protections that used to protect our wetlands, streams, lakes, and rivers across the country.  

Proposed rule language that interprets the Sackett v. EPA Supreme Court decision sets out a two-part test on the presence of surface water and whether a waterbody is connected to another flowing body of water. This proposed two-part test has no bearing on the ecological function of wetlands and our nation’s waterways.  

The Sackett ruling created the severe limitation of what is considered a jurisdictional waterbody by creating the terms “relatively permanent waterbody” and “continuous surface connection” that must be used in any rulemaking. 

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American Rivers is a national conservation organization working to make every river clean and healthy for people and wildlife. We combine evidence-based solutions with enduring partnerships to safeguard the 4.4 million miles of rivers and streams that are essential to our nation’s clean drinking water, extraordinary wildlife, and strength of our communities. For more than 50 years, our staff, supporters, and partners have been driven by a common belief: Life Depends on Rivers. AmericanRivers.org