California Attorney General Rob Bonta has co-led a coalition of 18 attorneys general in submitting a comment letter opposing a proposed rule by the U.S. Environmental Protection Agency (EPA). The proposal would revise water quality certification regulations under Section 401 of the Clean Water Act, limiting the authority of states and Native American Tribes to review and impose conditions on federal projects that could affect state waters.
Attorney General Bonta stated, “The Trump Administration shows its fluency in the language of lawlessness with its continued illegal proposals to deprive our ecosystems and communities of vital protections. This proposed rule is another attack on our environment and would result in a significant backslide in water quality, water protections, and state authority over federal projects that may degrade our waterways. As we continue to face threats to clean water, we must preserve and restore clean water resources across the country. While this Administration continues with its repeated attacks on our environment, my office will continue answering the call to defend it.”
Section 401 of the Clean Water Act requires any project needing federal approval that might discharge pollutants into U.S. waters to obtain certification from the relevant state or authorized Tribe. States have traditionally had broad authority to approve, deny, or condition such certifications based on potential impacts.
According to Bonta and his colleagues, the EPA’s current proposal would unlawfully restrict states’ review authority only to direct discharges into U.S. waters rather than broader impacts. It also shortens review periods for certifications, limits states’ ability to modify existing certifications if conditions change, narrows permissible conditions imposed by states, and sets new requirements for federally recognized Tribes before they can act as certifying authorities.
In their letter, Bonta and other attorneys general argue that these changes are contrary to law because they conflict with both the Clean Water Act itself and established case law; arbitrary and capricious due to lack of rational explanation for departing from previous policy; and illegal because they assert EPA lacks statutory authority for such regulation under Section 401.
Bonta has previously led multistate coalitions challenging efforts by EPA to limit definitions related to U.S. waters or weaken reporting requirements for PFAS chemicals. He has also supported rules intended to reduce pollution from meat processing facilities and defended existing regulatory frameworks designed during other administrations.
This latest letter was co-led by Washington Attorney General Nicholas W. Brown and New York Attorney General Letitia James, joined by attorneys general from Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia.
The California Attorney General’s office serves as part of California’s executive branch according to the state constitution (official website). Rob Bonta leads this office (official website), which acts as California’s chief law enforcement authority focused on enforcing laws statewide (official website), protecting public rights—including environmental justice—and advancing policies in civil rights and consumer protection (official website). The office also promotes transparency through initiatives like OpenJustice (official website).
