EPA Actions Threaten U.S. Waters

Empowerment of States and Tribes Under the Clean Water Act Section 401

On January 13, the EPA proposed revisions to its regulations implementing Section 401 of the Clean Water Act, which governs how states and tribes review federally permitted projects that may affect local water quality.

Section 401 is a key tool that allows states and tribes to ensure that projects such as pipelines, dams, and energy infrastructure do not degrade drinking watersources or waterways. The proposed changes would narrow the scope of impacts that can be considered during reviews and place stricter limits on the timing and conditions of state and tribal certifications.

For children, this matters because clean water is essential for healthy development, and increased pollution of waterways can raise the risk of exposure to contaminants that affect neurological development, immune function, and overall health. Reduced state and tribal oversight could limit the ability of communities to prevent water pollution before it occurs.  

EPA is accepting public comments on the proposed rule until February 17, 2026. Comments on the notice should be identified by Docket ID No. EPA-HQ-OW-2025-2929. Click here to submit your comment.

EPA Jurisdiction Under the Clean Water Act

In January 2026, the EPA and the U.S. Army Corps of Engineers continued work on revising the definition of “Waters of the United States” (WOTUS) under the Clean Water Act, following a public comment period that closed earlier this month.

The WOTUS definition determines which rivers, streams, wetlands, and other bodies of water are protected under federal law and therefore subject to pollution controls and permitting requirements. Historically, this definition has played a central role in protecting drinking water sources, wetlands that filter pollution, and waterways that communities rely on for recreation and system health. The current proposal would narrow the scope of waters subject to federal protection.

This matters for children because water quality is directly related to health and development, and reduced protections can increase the risk of exposure to contaminants linked to gastrointestinal illness, developmental harm, and other adverse health outcomes. Because many communities, especially rural and underserved areas, depend on smaller waterways for drinking water and flood protection, changes to the WOTUS definition could affect how effectively children are protected from water pollution in their everyday environments.

Thank you to The Children's Environmental Health Network (CEHN) for this news post content.