New Clean Water Act Rule Could Weaken Laws and Protections for U.S. Waters

On November 17, 2025, the U.S. Environmental Protection Agency and the Department of the Army unveiled a proposed rule to revise the definition of “Waters of the United States.” TNC’s U.S. Federal Water Policy Team Lead Stephanie Bailenson issued the following statement in reaction to this news.

“Now is not the time to weaken the laws that protect our waters. Instead, the United States needs to redouble its efforts to protect wetlands, streams and other bodies of water. Unfortunately, we’ve lost 53% of the wetlands that used to exist across the Lower 48. Decisions regarding how to manage and protect waters in the U.S. need to be based on the latest science and knowledge and aligned with existing laws.

“Unfortunately, the recently released Waters of the United States rule doesn’t encompass and protect enough of our waters. As a landowner and member of the regulated community, The Nature Conservancy continues to support efforts to improve the Clean Water Act’s permitting process on the ground. However, permitting efficiencies should not come at the expense of water quality or the many benefits clean water provides. The rule puts at risk our waterways and all the benefits they provide. They clean our drinking water, rivers and lakes and supply water to grow food with, provide routes for transporting cargo, and deliver energy for our businesses and homes. They also are a natural defense against flooding and are home to plants and animals you can’t find anywhere else.

“We encourage the United States Environmental Protection Agency and the Army Corps of Engineers to continue working toward a more holistic approach to protecting U.S. waters.”