Attorney General co-led a coalition of 19 attorneys general and the City of New York in submitting a comment letter on Oct. 9, 2026 opposing a supplemental proposed rule from the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers that would narrow federal Clean Water Act protections; the attorney general’s office issued a press release describing the filing.
The press release said the supplemental proposal would add new definitions for the terms “relatively permanent” and “continuous surface connection” so waters would receive Clean Water Act protection only if they stand or flow every day of the year during ordinary conditions, with limited exceptions.
The coalition said that change would conflict with the Clean Water Act, would be inconsistent with applicable caselaw including the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, and would violate the Administrative Procedure Act by being arbitrary and insufficiently reasoned.
The attorney general’s office said the proposal lacks scientific support, fails to account for regional differences in climate and hydrology, and would be particularly harmful in western states, like California, where many rivers and streams are seasonal or fed by snowmelt.
Practically, the coalition said the rule would remove permitting requirements and other safeguards for countless rivers, streams and wetlands that do not flow or stand every day; the press release added that this would risk increased pollution and degraded water quality downstream.
Bonta and New York Attorney General Letitia James co-led the coalition; the press release listed the other members as the attorneys general of Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, the District of Columbia, and the City of New York.
The press release recalled that federal agencies historically interpreted “waters of the United States” broadly to maximize protections, and that after Sackett v. EPA the Biden Administration promulgated a revised regulatory definition; it said the Trump Administration first proposed a narrower definition in November 2025 and published the supplemental proposal on Sept. 9, 2026.
Bonta was quoted in the press release saying, "Americans deserve clean water."
State
Rob Bonta
Attorney General · Democrat
Named 3 times in this story.
Portrait: Official portrait
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