EPA proposal would narrow tribes’ role in Clean Water Act reviews

The Environmental Protection Agency this month proposed revisions to the Clean Water Act that would narrow how tribes and states review federal projects for water quality impacts and change how tribes gain regulatory authority, according to Grist. The proposal would limit reviews to pollution discharges rather than evaluating a project’s full impacts on water quality, including risks to cultural resources and wildlife, a process tribes and states have used since 2023.

The proposal would also restrict water quality reviews to tribes with Treatment in a Similar Manner as a State status, known as TAS, requiring others to seek approval through a more rigorous authorization process, according to Grist. Currently, 84 tribal nations hold TAS status. Legal experts said the changes would reduce one of the few mechanisms tribes use to enforce treaty rights and protect waters near tribal lands. The EPA said a 30-day public comment period is underway and the rule is expected to face litigation after it is finalized.