EPA, Army to hold WV listening sessions for changes to Clean Water Act impacting wetland protections

The U.S. Environmental Protection Agency and the Army will hold a listening session in Charleston next week to get public input regarding proposed changes to the federal Clean Water Act that could redefine what waterways are subject to regulations and protected from certain kinds of pollution nationwide.

Two listening sessions will be held on Wednesday at the Kanawha County Courthouse, the first from 2:30 to 4:15 p.m. and the second from 4:15 to 6 p.m., according to a news release from the EPA. Attendees can participate virtually or in person by registering for the listening sessions here.

The federal agencies, according to the news release, are looking to “understand real-world perspectives and experiences” regarding how the “Waters of the United States,” or WOTUS, are defined in the Clean Water Act. 

Since the 1970s, WOTUS has been used to refer to nearly all waterways in the nation, including wetlands and smaller streams and tributaries that run adjacent to them. The term, however, has never been clearly defined, making regulation of certain waterways more difficult.

In 2023, a decision from the Supreme Court of the United States narrowed the protections and regulations for wetlands, which provide habitats for thousands of species of animals and plants and can play a crucial role in controlling floodplains in areas prone to flooding as well as naturally filtering drinking water.

The Supreme Court decision led to an amendment to the federal rule from the EPA, which has since been mired in litigation and contention. Under the amendment offered in 2023, more than half of the nation’s remaining wetlands have no EPA regulations or protections over them. 

In March, the EPA — operating under President Donald Trump’s direction — issued a new interpretation of the Supreme Court’s 2023 decision that further erodes protections, which experts say will disproportionately impact rural communities. 

Wetland conservancy groups and environmentalists from across the country have spoken out against the changes to the federal Clean Water Act. Meanwhile, the American Farm Bureau Federation — a lobbying group representing industrial farming throughout the nation — wants to see the changes made to relieve what they say is a burden for the farm industry, which is responsible for runoff and toxic pollution into thousands of tributaries and wetlands nationwide.

The listening sessions in Charleston are just a few of those being held across the nation in recent and coming weeks.