By Jordan Howes, West Virginia Highlands Conservancy

Clean water protections in the United States are facing one of the most serious threats in decades. In recent months, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers proposed a rule that would revise the definition of “Waters of the United States” under the Clean Water Act, dramatically weakening federal safeguards for streams, wetlands, and other vital waterways. In response, organizations across the country mobilized quickly, submitting a coalition letter and thousands of public comments warning that the proposal would have devastating consequences for communities, wildlife, and public health.

The proposed rule follows the Supreme Court’s decision in Sackett v. EPA, which already significantly narrowed the scope of waters protected under the Clean Water Act. That ruling stripped federal protections from approximately two-thirds of the nation’s wetlands and up to five million miles of streams. Rather than limiting its actions to what the court required, the new proposal goes much further, using arbitrary and confusing criteria to exclude even more waters from protection. If finalized, the rule is expected to result in more than 80 percent of wetlands and millions of additional miles of streams losing federal Clean Water Act safeguards.

These rollbacks would have far-reaching impacts. Wetlands and streams are not isolated or expendable features of the landscape; they are essential components of the water systems that sustain our communities. Wetlands filter pollutants before water reaches our taps, store and slow floodwaters, recharge groundwater, and provide irreplaceable habitat for fish and wildlife. Streams that do not flow year-round contribute more than half of the flow to many of the nation’s most important rivers and supply drinking water for at least 117 million people. Weakening protections for these waters would increase pollution, threaten drinking water sources, and elevate flood risks in communities across the country.

The Clean Water Act has long served as a science-based foundation for protecting public health and the environment. For more than 50 years, it has helped curb industrial pollution, safeguard drinking water, and ensure that rivers, lakes, and streams remain viable for recreation, agriculture, and economic activity. Public support for these protections remains overwhelming, with polling consistently showing that up to 94 percent of voters across political parties support strong clean water safeguards. Despite this clear mandate, the proposed rule disregards both the scientific understanding of how water systems function and the public’s desire for meaningful protections.

Although the public comment period on this proposal has now closed, the fight to defend clean water is far from over. The EPA and the Army Corps are reviewing comments and determining next steps, and continued advocacy will be critical to holding decision-makers accountable to the intent of the Clean Water Act. Protecting clean water is not optional—it is fundamental to healthy communities, resilient ecosystems, and a functioning economy. As this process moves forward, we remain committed to opposing harmful rollbacks and advancing strong, science-based protections for the waters that people and wildlife depend on, now and for generations to come.