The Izaak Walton League of America urges EPA and the Corps of Engineers to maintain current protections and avoid any further actions that would weaken the definition of “waters of the United States.”
The League’s Conservation Director Jared Mott said, “Americans need cleaner water, not fewer protections against pollution. We all depend on wetlands and tributary streams to protect drinking water, provide for outdoor recreation and safeguard our communities. The gutting of the Clean Water Act by the Supreme Court in Sackett v. EPA dealt a devastating blow to the health of our nation’s waters. The League urges the EPA and Corps to refrain from weakening the definition of ‘waters of the United States’ any further.”
Responding to a request for recommendations from the EPA about the scope of waters in America that should be protected by the Clean Water Act, the League sent comments on April 23 to EPA Administrator Lee Zeldin and Acting Assistant Secretary of the Army for Civil Works Lee Forsgren.
The comments made five basic points:
Science and Law Demand Broad Protections
The Clean Water Act was designed to protect all waters that impact the health of rivers, lakes and drinking water sources—not just those that flow year-round. Ignoring wetlands and intermittent streams defies science and the law.
Small Streams and Wetlands Play a Big Role
Intermittent streams and wetlands, even when dry part of the year, are vital for filtering pollutants, preventing floods, supporting wildlife and ensuring that the water that flows downstream is clean.
Supreme Court Misstep Puts Water at Risk
The Sackett v. EPA decision stripped protections from millions of acres of wetlands and thousands of stream miles, ignoring decades of science and congressional intent to protect all U.S. waters.
"Permanent Flow" and “Continuous Surface Connections” are Dangerous Myths
Even if they don’t flow year-round or touch other water bodies, seasonal streams and wetlands still connect to larger water bodies—legally and physically. These streams and wetlands must stay protected to prevent pollution and habitat loss.
We Need Strong, Science-Driven Action Now
The EPA and Army Corps have a statutory obligation to safeguard the chemical, physical and biological integrity of our waters. They must stand firm on the 2023 Waters of the USA conforming rule, resist political pressure to weaken it and uphold the Clean Water Act’s promise: safeguarding America's waters for people, wildlife and future generations.
Mott said the 2023 conforming rule appropriately reflects the legal framework established by the Supreme Court in Sackett v. EPA, and there is no scientific or legal necessity for further modification.
“Should the agencies choose to revisit the ‘waters of the United States’ definition against our recommendation, any such process must be carried out through a robust, transparent, and science-based rulemaking in compliance with the Clean Water Act, Administrative Procedure Act, National Environmental Policy Act and other applicable statutes.
Meanwhile, the League is calling on Congress to clarify in statute that wetlands and all streams are protected by the Clean Water Act.”
(The League’s comments responded to Docket ID Number EPA-HQ-OW-2025-0093: Waters of the U.S. Definition Request for Recommendations.)
Contacts:
Jared Mott, Conservation Director, jmott@iwla.org
Michael Reinemer, Izaak Walton League, mreinemer@iwla.org; 301-548-0150 ext 220.
Founded in 1922, the Izaak Walton League fights for clean air and water, healthy fish and wildlife habitat and conservation of our natural resources for future generations. The League plays a unique role in supporting community-based science and local conservation and has a long legacy of shaping sound national policy. See www.iwla.org.