NCAI and NARF Organize Session to Discuss Proposed Restrictions on Federal Water Protections

A webinar addressing the federal governments suggested revisions to the Waters of the United States (WOTUS) definition under the Clean Water Act is set for Tuesday, Dec. 9, from 3 to 4 p.m. ET. The event, co-organized by the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF), will examine a proposal by the U.S. Environmental Protection Agency and the Army Corps of Engineers aimed at significantly limiting the range of waters safeguarded under federal law.

Tribal leaders and advocates caution that the proposed changes could strip protections from streams and wetlands crucial to Tribal reserved rights, including hunting, fishing, and gathering activities.

Organizers note that the draft definition seeks to formalize the U.S. Supreme Courts 2023 decision in Sackett v. EPA, relying on the criteria of relatively permanent and continuous surface connection. They warn that these adjustments could impose new regulatory responsibilities on Tribal Nations and undermine federal trust duties.

The webinar will offer legal and policy insights on the draft rule, instructions for submitting formal Tribal comments, and guidance for tracking the proposals progress. The session is intended for Tribal leaders, governmental personnel, and legal and environmental professionals.

Panelists include:

• Ken Norton of the Hoopa Valley Tribe, a specialist in Tribal water management
• Janette Brimmer, attorney with Earthjustice and Clean Water Act expert
• Donna Downing of the National Association of Wetlands Managers, a technical and policy authority

The discussion will be moderated by Daniel Cordalis from NARF.

Registration for the webinar is available here. Additional information can be found at https://narf.org/wotus-webinar-2025.

Author: Aiden Foster