What Happened?
Whether your local creeks and wetlands keep federal protection could depend on rules now on the table. The Trump administration has proposed the rules described in the Congressional Research Service (CRS) report titled "Clean Water Act Permitting: Overview and Policy Issues."
The three separate rules would narrow which waterways qualify for Clean Water Act (CWA) permitting, covering the definition of "waters of the United States" (WOTUS), water quality certifications, and pollution discharge limits. None of the three proposed rules has been finalized, and Congress has introduced roughly 55 bills to amend Clean Water Act permitting in the 119th Congress.
Why Does it Matter to Me?
A 2025 report by the Natural Resources Defense Council (NRDC) estimated that as many as 70 million acres of wetlands, about 84 percent of those previously eligible for federal protection, could lose safeguards following the Supreme Court's *Sackett* ruling, which narrowed the definition of federally protected waters.
Wetlands filter drinking water, absorb floodwaters, and support wildlife, so reduced federal coverage could shift the burden of protection to states.
In Congress, bills dealing with Section 404 permits, which govern dredging and filling of wetlands, are the most numerous of the four CWA permitting categories this session, with 34 bills, compared with 29 for pollution discharge permits, 18 for water quality certifications, and four for WOTUS definitions.
Both Sides, Now
Congressional interest in these bills has grouped around federal versus state authority, regulatory certainty, and permit issuance timelines, according to the report.
Opponents warn that narrowing federal protections could leave more wetlands without safeguards. A January 2026 California State Water Resources Control Board report said some waters now rely on state protections.
The PERMIT Act, sponsored by Rep. Mike Collins (R-GA-10), passed the House this past December and would extend permit terms and expand eligibility for streamlined nationwide permits, but the Senate has taken no action on it.
What Happens Next?
The Bipartisan American Affordability and Jobs Act of 2026, introduced Sept. 30, was referred to the Senate Committee on Energy and Natural Resources the same day and addresses all four Clean Water Act permitting categories. A separate bill that amends the Aquifer Recharge Flexibility Act on permitting conveyances passed the House and was ordered favorably reported by the same committee on Sept. 30.
Will Congress or the administration move first to set the new boundaries for federal water protection?
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