DEMOCRACY FOR AMERICA ADVOCACY FUND • February 9, 2026
For fifty years, Section 401 of the Clean Water Act has empowered states and Tribes to protect their waterways by reviewing federal projects before they move forward. This authority allows communities to defend drinking water, fisheries, wetlands, and ecosystems from pollution and long-term harm. It has served as one of the most effective tools for local oversight of powerful industries. The EPA is now proposing a rule that would sharply narrow this authority. The proposal restricts reviews to only narrow definitions of “direct discharges” into federally protected waters. This change blocks states and Tribes from considering broader environmental impacts such as altered water flows, habitat destruction, groundwater contamination, erosion, and climate-driven harms tied to major infrastructure projects. The EPA is accepting public comments on this proposal through February 17.