Office of the
Illinois Attorney General
Kwame Raoul
Chicago – Attorney General Kwame Raoul, as part of a coalition of 18 attorneys general, submitted a comment letter opposing the U.S. Environmental Protection Agency’s (EPA) and the U.S. Army Corps of Engineers’ (Army Corps) supplemental proposed rule that would significantly reduce federal protections for streams and wetlands nationwide. If adopted, this rulemaking would redefine the “waters of the United States” that are subject to pollution discharge permits and other important safeguards under the Clean Water Act (CWA).
In their comment letter, Raoul and the coalition assert this supplemental proposed rule conflicts with the CWA, is inconsistent with applicable caselaw and flouts the requirements of the Administrative Procedure Act (APA).
“Our waters are essential to our environment and deserve to be protected,” Raoul said. “Instead, the Trump administration continues to threaten essential policy with proposed changes that will now pollute the water ways we rely on for years to come. I will continue to advocate for the protection of our environment.”
In January, Raoul and a coalition opposed the EPA and Army Corps’ previously proposed rule change, but the administration is now using this supplemental rule to add new definitions that would further narrow the scope of CWA permitting requirements and protections beyond those in the original proposal.
Raoul and the attorneys general explain the CWA was intended “to restore and maintain the chemical, physical and biological integrity of the nation’s waters” along with establishing uniform federal water quality protections applicable to all states, in recognition of the fact that waters cross state boundaries and downstream states often have no ability to regulate the pollution that may originate upstream. This is achieved through the CWA’s core programs, including the prohibition on discharges of pollutants to “navigable waters” and “waters of the United States.”
For decades, the EPA’s and Army Corps’ regulations interpreted “waters of the United States” broadly to maximize federal protection of waters nationwide. In November 2025, the Trump Administration EPA and Army Corps proposed a new definition that would unlawfully limit “waters of the United States” to roll back protections for many waters that are vitally important for water quality.
In September, the agencies published a supplemental proposed rule with new definitions that would further narrow the scope of the CWA permitting requirements. The supplemental rule proposes revised definitions of the key terms “relatively permanent” and “continuous surface connection” to ensure waters only receive CWA protection if they are standing or continuously flowing every day of the year during ordinary conditions, with some limited exceptions.
Raoul and the coalition state that the EPA’s and Army Corps’ proposal and supplemental proposal would create ambiguity and confusion rather than promote a clear definition of “waters of the United States” that is consistent with the CWA’s purpose, science and U.S. Supreme Court caselaw.
In their comment letter, Raoul and the attorneys general assert the proposed rule:
Is contrary to the CWA and is arbitrary and capricious because it will provide unequal CWA protection throughout the country and will degrade water quality, thereby contradicting the CWA’s fundamental water quality objective.
Joining Raoul in sending today’s letter are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin. The Commonwealth of Massachusetts and the city of New York also joined the letter.
