ORANGE COUNTY, Calif. — Orange County Coastkeeper has submitted formal comments opposing the U.S. Environmental Protection Agency’s proposed changes to Clean Water Act Section 401, a longstanding bipartisan safeguard that ensures states and tribes have a meaningful role in protecting their waters.
Section 401 grants states and tribes authority to review federally permitted projects that may discharge into Waters of the United States. The proposed rule would significantly curtail that authority, concentrate power within the federal government, and disregard established Supreme Court precedent.
“As with many recent EPA actions under Administrator Zeldin, this proposal seeks to expand federal control under the guise of addressing a problem that doesn’t exist and make it easier for industries to pollute our waters,” said Garry Brown, founder and president of Orange County Coastkeeper.
Section 401 remained largely unchanged from its enactment in 1971 until recent years. In 2020, during President Trump’s first term, the EPA adopted a rule that created confusion around timelines and scope, conflicting with longstanding Supreme Court interpretations. In 2023, following review by the Biden Administration, the EPA finalized a revised rule that clarified procedures, established reasonable limits, and restored balance among federal, state, and tribal roles while allowing projects to move forward efficiently.
The current proposal would once again disrupt that balance by shifting authority away from states and tribes under the guise of reform. Yet the data show no systemic problem: since the 2023 rule took effect, fewer than 1% of the approximately 7,500 projects submitted for Section 401 certification have been denied. Such a sweeping overhaul is unnecessary and undermines the regulatory certainty that project applicants and communities rely upon.
Orange County Coastkeeper supports thoughtful regulatory improvements that strengthen water quality protections and provide clarity for permit applicants and agencies alike. This proposal does neither. Instead, it weakens longstanding safeguards while creating renewed uncertainty in a process that was only recently clarified.
To read Orange County Coastkeeper’s full comment letter, visit this link.
