Congress Introduces the Clean Water for All Act

Congress Introduces the Clean Water for All Act

By Sandra Meola, Director, Coalition for the Delaware River Watershed

PC: Nicholas Tonelli

PC: Nicholas Tonelli

Amidst a pandemic when access to clean drinking water is crucial, the Trump administration finalized the weakened definition of “waters of the United States” (WOTUS) within the Clean Water Act, representing the lowest level of water protections in 50 years. The Navigable Waters Protection Rule, finalized in April, rolls back bipartisan clean water protections for more than half our nation’s wetlands and millions of miles of river and streams. The rollback of clean water protections will give polluters a free pass, jeopardizing public health, the outdoor recreation economy, and the habitat for countless species.  

But there is some good news. In early May, House Representatives Peter DeFazio (D-OR) and Grace Napolitano (D-CA) responded quickly by introducing the Clean Water for All Act. The legislation would prohibit the implementation of the administration's revised definition of WOTUS and would require the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to start over and instead develop a new regulation to protect rivers, streams, and wetlands, that is based on sound science and incorporate robust public engagement.

Bog turtles and other wildlife rely on wetland habitats.

Bog turtles and other wildlife rely on wetland habitats.

Why Protecting Small Streams and Wetlands is Important

  • Wetlands are like huge sponges. They protect communities from flooding by collecting and filtering rainwater and polluted stormwater runoff along with providing critical habitat for wildlife like bog turtles and trout species.

  • Small streams are the veins that connect and contribute to a watershed’s functionality. Pollution that ends up in headwaters and small streams can make their way downstream and threaten drinking water quality. For example, the headwaters and small streams in the New York Catskill region that feed into the mainstem of the Delaware River miles away.

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Historical Context

  • The 1972 Clean Water Act made it illegal to discharge any pollutant into “waters of the United States,” unless a permit was obtained.

  • The definition of “waters of the United States” was contested in courts for decades.

  • In 2015, the Obama administration clarified the rule by expanding the definition to include waterways that flow directly or indirectly, to navigable waters, including temporary (ephemeral) and seasonal streams.

  • The 2020 rewrite of the rule narrowed the definition to four categories of jurisdictional waters, leaving other waters under often more lenient state jurisdiction.

What You Can Do

Clean water is a basic requirement for all communities, including those in the Delaware River Watershed. By scaling back Clean Water Act protections, the water we need to drink, wash, and farm is at risk. Reach out to your Members of Congress today to show your support for the Clean Water for All Act.