- This event has passed.
Friday, October 9, 2026: Comment against further gutting of Clean Water Act protections for streams and wetlands
DEADLINE: Friday, October 9, 2026: Comment against further gutting of Clean Water Act protections for streams and wetlands & also announcing Oct 1st webinar on issues
- Deadline confirmed: regulations.gov says the period closes Oct 9, 2026 at 11:59 PM EDT, which is 9:59 PM Mountain time. The docket had 28,659 comments as of 10/7/26 evening
- Federal Register notice 2026 – https://www.federalregister.gov/documents/2026/09/09/2026-18317/updated-definition-of-waters-of-the-united-states
- Previous Nov. 2025 Federal Register notice (90 FR 52498, FR Doc. 2025-20402), 49 pages.
https://www.govinfo.gov/content/pkg/FR-2025-11-20/pdf/2025-20402.pdf
The EPA and Army Corps of Engineers have proposed new options that would further shrink which streams and wetlands the Clean Water Act protects. This is a supplement to their November 2025 proposal. Federal authority would be limited to streams and wetlands that hold water year-round (a “perennial” standard), which goes beyond even what the Supreme Court required in Sackett v. EPA. Gravel2gavel
Key facts and concerns:
- Under the proposed definition, a stream that is dry from June through August every year under ordinary conditions would not be protected. Intermittent and ephemeral streams would lose federal protection. federalregister
- A wetland would be protected only if it has perennial surface water continuously connected to a protected water, so that it is difficult to tell where the water ends and the wetland begins. Most prairie pothole and seasonal wetlands would fail this test. federalregister
- The sharpest effects would fall in arid and semi-arid regions, which includes much of western South Dakota. Many Black Hills streams naturally lose their flow in stretches where water sinks into limestone, and prairie streams often run only part of the year. Gravel2gavel
- States and Tribes would be left to protect waters that fall outside federal jurisdiction. South Dakota has no comparable state program to fill that gap. federalregister
- The National Audubon Society writes: —-“For over 50 years, the Clean Water Act has stood as the backbone of protecting our nation’s waterways and wetlands. Approximately one-third of North American bird species, including the Bald Eagle, Great Blue Heron, and Least Bittern use wetlands for food, shelter, or breeding. But a proposed federal rule would weaken Clean Water Act protections for many of the wetlands and waterways that birds rely on”
How to comment:
- Online: https://www.regulations.gov/commenton/EPA-HQ-OW-2025-0322-15447
- Email: OW-Docket@epa.gov, with “Docket ID No. EPA-HQ-OW-2025-0322” in the subject line
- The Federal Register notice itself: https://www.federalregister.gov/d/2026-18317
- Personal, specific comments count most. Mention the creeks, wetlands, or stock dams you know, and how they flow through the year.
- If you already commented on the November 2025 proposal, the agencies say they are still considering those comments and ask people not to resubmit them. Comment on the new “perennial” options instead. federalregister
====
WEBINAR OCT 1st
Learn more: The Izaak Walton League is holding a free Clean Water Webinar on Thursday, October 1, at 12 pm Central / 11 am Mountain. Register here: https://us06web.zoom.us/webinar/register/WN_-FuCqHRIQjyApq1vMgiPfA
==============
Pre-written letters
- NRDC: https://action.nrdc.org/letter/5263-wotus-public-comment-091126
- Izaak Walton League: https://iwla.org/conservation-priorities/advocate-for-conservation/#/167
- National Audubon Society – https://act.audubon.org/a/wotus-2026
- Trout Unlimited: https://www.tu.org/get-involved/take-action/stand-up-for-the-clean-water-act/#take-action. This one fits Black Hills trout streams well.
- Clean Water Action: https://cleanwater.org/take-action. It is the first item on their Take Action page, which notes the Oct 9 deadline. cleanwater
- Environment America: https://environmentamerica.org/take-action/tell-the-epa-dont-strip-wetland-protections/
- Environmental Action (cites the docket number): https://environmental-action.org/take-action/tell-the-epa-dont-leave-wetlands-vulnerable-to-destruction/.
3. Press releases and alerts
- NRDC statement (Sept 4): https://www.nrdc.org/press-releases/trump-administration-takes-another-swing-dismantling-clean-water-protections
- SELC (Sept 4). Its attorney says the wording changed but the result is the same: more flooding and greater threats to water quality. https://www.selc.org/?p=44086 selc
- Association of State Floodplain Managers: notes the proposals never recognize that most rivers have floodplains that support wetlands. https://www.floods.org/news-views/policy-matters/new-proposal-further-limits-clean-water-act-wetland-protections/ floods
The file: the PDF of the November 20, 2025 proposed rule (90 FR 52498, FR Doc. 2025-20402), 49 pages.
https://www.govinfo.gov/content/pkg/FR-2025-11-20/pdf/2025-20402.pdf
Sources: