Attorney General Charity Clark has joined a coalition of 17 attorneys general in submitting a comment letter opposing a proposed rule by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers. The proposal, titled “Updated Definition of Waters of the United States,” would narrow the federal protections currently extended to streams and wetlands across the country.
The coalition’s letter argues that the proposed rule is unlawful and represents a significant step backward for federal water quality regulations. The attorneys general contend that if implemented, the changes would lead to further degradation of Vermont’s waters as well as those in other states.
The Clean Water Act (CWA) was established to restore and maintain “the chemical, physical and biological integrity of the Nation’s waters.” It provides uniform federal water quality protections for all states, acknowledging that waterways often cross state boundaries and that downstream states may lack control over pollution originating upstream. The CWA prohibits discharges of pollutants into “navigable waters” or “waters of the United States,” which have historically been interpreted broadly by both EPA and the Army Corps to ensure maximum protection.
Following the Supreme Court decision in Sackett v. EPA, which addressed how wetlands are covered under federal law, EPA and the Army Corps updated their definition in September 2023 to align with this ruling.
According to the multistate coalition, however, the newly proposed rule would unlawfully limit what qualifies as “waters of the United States.” They argue it would remove many critical waters from protection, introduce ambiguity rather than clarity into regulatory definitions, and undermine key goals set out by Congress when passing the CWA. Specifically, they highlight concerns about removing “interstate waters” from protected categories and using unclear terms such as “relatively permanent,” “continuous surface connection,” and “ditches.”
In joining this effort, Attorney General Clark is working alongside counterparts from California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington State and Wisconsin—as well as officials from New York City.
