ORANGE COUNTY, CA. — Orange County Coastkeeper has submitted formal comments opposing a proposed rule by the U.S. Environmental Protection Agency that would revise Section 401 of the Clean Water Act, warning the changes could weaken water quality protections and limit the authority of states and tribes.
Section 401 gives states and tribes the ability to review federally permitted projects that may discharge into Waters of the United States. Coastkeeper argues the EPA’s proposal would significantly narrow that role, centralizing decision-making at the federal level and departing from long-established interpretations upheld by the U.S. Supreme Court.
“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.
The Clean Water Act provision remained largely unchanged from its adoption in 1971 until recent years. In 2020, the EPA adopted revisions that critics said created confusion over timelines and scope. Those changes were revisited in 2023, when the agency finalized a new rule clarifying procedures and restoring what Coastkeeper described as a workable balance among federal, state, and tribal authorities.
According to Coastkeeper, the current proposal would again disrupt that balance despite little evidence of systemic problems. Data cited by the organization show that fewer than one percent of roughly 7,500 projects reviewed under Section 401 since the 2023 rule took effect have been denied.
Coastkeeper said it supports regulatory improvements that provide clarity while maintaining strong water quality protections, but contends the proposed changes would do the opposite by weakening safeguards and reintroducing uncertainty for communities and project applicants alike.
Orange County Coastkeeper’s full comment letter is available on its website.
