Attorney General Kwame Raoul has joined a group of 18 attorneys general in opposing a proposed rule by the U.S. Environmental Protection Agency (EPA) that would change water quality certification regulations under Section 401 of the Clean Water Act (CWA). The coalition sent a comment letter arguing that the proposal would limit the authority of states and Native American tribes to review requests for Section 401 water quality certification and restrict their ability to impose conditions on federal projects that may affect state waters.
In their letter, Raoul and his colleagues argue that reducing the role of states under Section 401 would upset the balance between federal and state powers set by Congress, remove important protections, and worsen water quality across the country.
“States must have a role in ensuring the quality and safety of their waters and should be able to review projects that could impact water quality,” said Raoul. “The EPA’s proposal represents the latest attempt by the Trump administration to roll back longstanding rules that protect our environment and human health. That is why I am proud to join my colleagues in opposing this shortsighted rule that would restrict the ability of states like Illinois to protect our waterways.”
The EPA oversees much of the CWA but Congress included provisions in Section 401 to allow states an important part in safeguarding their waters. When a project needs federal approval and may discharge pollutants into U.S. waters, it must get water quality certification from the state where it will originate. States or authorized tribes can review such projects, approve or deny them, impose conditions, or waive certification altogether. If approval or waiver does not occur, a federal permit cannot be issued.
Since 1972, EPA policy has allowed states broad power over certifications for federally permitted projects. However, during President Trump’s first term, new regulations were introduced limiting this authority. The EPA changed course in 2023 to restore previous practices but is now again seeking changes that would reduce state oversight.
The current proposal would limit reviews so that only direct discharges into U.S. waters are considered—not broader impacts on water quality. It also shortens review periods for certification requests, makes it harder for states to modify certifications if conditions change, and limits what conditions can be imposed. Additionally, federally recognized tribes would need to create full water quality standards programs before they could serve as certifying authorities or as affected parties under Section 401.
Raoul and other attorneys general claim these changes conflict with existing law, lack proper justification for reversing previous policy decisions made in 2023, and exceed EPA’s legal authority.
Attorneys general from California, Colorado, Connecticut, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin joined Raoul on this comment letter.
The Illinois Attorney General’s office has advocated for vulnerable groups such as workers and seniors while handling thousands of consumer complaints each year according to its official website. The office works to protect consumers and promote environmental initiatives statewide as part of its mission.
