Attorney General Kwame Raoul has joined a coalition of 18 attorneys general in opposing a proposed rule from the U.S. Environmental Protection Agency (EPA) that would change water quality certification regulations under Section 401 of the Clean Water Act (CWA). The proposed changes would reduce the authority of states and Native American tribes to review requests for water quality certification and limit their ability to impose conditions on federal projects that may affect state waters.
In a letter, Raoul and other attorneys general argue that the proposal by the Trump administration would disrupt the balance between federal and state powers established by Congress, remove key protections for state waters, and degrade water quality nationwide.
“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,” Raoul said. “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 CWA gives states significant authority to safeguard their waters through Section 401. Projects requiring federal approval that might discharge pollutants into U.S. waters must obtain certification from the relevant state or authorized tribe. This process allows states or tribes to approve, condition, deny, or waive certification requests based on potential impacts on water quality.
Historically, since 1972, EPA policy recognized broad state authority over these certifications. During the first Trump administration, however, regulations were issued to narrow this authority. In 2023, those regulations were modified to restore broader state powers, but now another revision is being proposed which again seeks to restrict what states can do.
Under the new proposal, states or authorized tribes could only consider a project’s direct discharge into U.S. waters rather than wider impacts on water quality. The rule also shortens review periods for certifications, limits changes if conditions evolve, restricts what conditions can be imposed, and requires federally recognized tribes to establish full water quality standards programs before acting as certifying authorities.
Raoul and his colleagues argue in their letter that these changes conflict with both law and precedent; they claim it is arbitrary because there is no rational explanation for changing course from previous policy; and they say it exceeds EPA’s legal authority under the CWA.
Attorneys general from California, Colorado, Connecticut, District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin joined Raoul in signing the comment letter.
According to its official website, the Illinois Attorney General’s office works broadly across Illinois advocating for vulnerable groups such as workers and seniors; handling thousands of consumer complaints each year; protecting consumers; promoting safer communities; supporting environmental initiatives; partnering with law enforcement agencies; supporting crime victims; promoting open government; extending advocacy efforts statewide; and offering services including complaint filing related to consumer fraud or civil rights.