FOR IMMEDIATE RELEASE
March 13, 2025
CONTACT:
Aaron Bharucha, Public Relations Associate
(509) 429-1699 and epn-press@environmentalprotectionnetwork.org
Environmental Protection Network Condemns EPA’s Rollback of Federally Protected Waters and Release of Guidance Restricting Clean Water Protections
WASHINGTON, D.C., March 13, 2025 — The Environmental Protection Network (EPN) strongly condemns the U.S. Environmental Protection Agency’s (EPA) rollback of federally protected waters and wetlands, coupled with the release of a new guidance that significantly narrows the scope of the Clean Water Act (CWA). These actions not only reverse longstanding protections but also undermine decades of progress in safeguarding the nation’s water resources. This regulatory retreat endangers critical ecosystems, threatens water quality and places communities at heightened risk of pollution and environmental degradation. In other words, every American is vulnerable to contaminated drinking water, greater flood risks, and potential harm to local fisheries and recreational waters.
This rollback and the new guidance align with the Supreme Court’s 2023 decision in “Sackett v. Environmental Protection Agency,” which limited the EPA’s authority under the CWA to only those wetlands with a continuous surface connection to traditionally navigable waters. The new EPA guidance further restricts federal jurisdiction by narrowly defining “relatively permanent waters” and “continuous surface connection,” a move that could eliminate protections for many wetlands and streams that provide essential ecological services, such as water filtration, flood mitigation and habitat preservation.
Betsy Southerland, former Director of the Office of Science and Technology in the EPA’s Office of Water, warned, “The ‘Sackett’ decision excluded about 60% of wetlands and all ephemeral streams from federal protection. With this guidance, Administrator Zeldin is now codifying an even narrower interpretation of ‘relatively permanent waters,’ which could strip protections from countless seasonal and intermittent streams. Scientific evidence is unequivocal: These waters are vital to maintaining the health of major rivers and lakes. Without them, drinking water quality will decline, and the nation’s waters will be further imperiled.”
The release of this guidance disproportionately affects vulnerable communities, particularly those already burdened by industrial pollution and inadequate infrastructure. Without federal oversight, states with weaker regulatory frameworks may lack the safeguards necessary to prevent pollution and habitat destruction, exacerbating environmental injustices in historically marginalized areas.
Unlike a formal rule, which has the force of law and is subject to public comment and regulatory procedures, a guidance document serves as a policy interpretation that does not carry the same legal weight. However, it provides a framework that federal and state agencies will likely follow in implementing the “Sackett” decision, effectively reshaping how water protections are enforced without going through the formal rulemaking process.
EPN urges Congress, state governments and environmental advocates to take immediate action to counteract this damaging regulatory shift. Strengthened state policies, legal challenges and public advocacy will be essential to preserving clean water protections and ensuring that the nation’s wetlands and waterways continue to serve their critical environmental and public health functions.
The Environmental Protection Network remains committed to advocating for strong environmental protections and holding decision-makers accountable for policies that threaten the integrity of the nation’s water resources.
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ABOUT THE ENVIRONMENTAL PROTECTION NETWORK
Founded in 2017, the Environmental Protection Network harnesses the expertise of more than 600 former EPA career staff and confirmation-level appointees from Democratic and Republican administrations to provide the unique perspective of former scientists and regulators with decades of historical and subject matter knowledge.