The EPA has opened a 30-day comment period.  The deadline to comment is February 17, 2026.  

Few issues are more critical to Trout Unlimted’s mission than clean water.  With recent actions by the Administration and the US Congress to weaken protections, we are facing one of the greatest threats to the Clean Water Act in its long and effective history.  Many of you took action just weeks ago to comment on a separate, but related proposed rule to eliminate Clean Water Act protections for millions of acres of wetlands and stream miles ("waters of the U.S. proposed rule").  Now, the U.S. EPA has launched an additional assault on the Clean Water Act, this time taking aim at the authority of States and Tribes to protect water resources through the Section 401 water quality certification process. 

Why this matters to TU / how this impacts coldwater fisheries:

CWA Section 401 grants states and tribes the right to review and certify projects that will impact water quality through discharge of pollutants.  This includes small projects, and also large, interstate energy and infrastructure projects. Think pipelines, hydropower projects, and data centers.  Unless the state issues (or waives) a 401 permit, a federal agency may not issue a permit for the proposed activity. 

The proposed rule would significantly narrow the authority of states and tribes to review these project proposals and to place conditions as needed to protect water resources. 

Ensuring a strong 401 certification process is essential to Trout Unlimted’s mission as this is among the most critical tools for ensuring that proposed projects are designed and implemented in a manner that protects the coldwater resources that Trout Unlimited cares about.

TU members, and sportsmen and women nationwide, want to move forward with progress on cleaning up our nation's waters, not go backwards. Please join us – again - in writing to tell the Agencies that the Clean Water Act needs to be strengthened, not weakened.