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For Immediate Release
July, 13 2020, 12:00am EDT
Contact:
Andrew Hawley, Western Environmental Law Center, hawley@westernlaw.org
Amy Kober, American Rivers, akober@americanrivers.org
Bob Nasdor, American Whitewater, bob@americanwhitewater.org
Nic Nelson, Idaho Rivers United, nic@idahorivers.org
Walter “Redgie” Collins, California Trout, rcollins@caltrout.org
Outdoor Recreation and Conservation Advocates Challenge EPA Rule Granting Industry Priority Over State, Public in Clean Water Decisions
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA)
SEATTLE
Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency's (EPA) final rule effectively sidelining the role the states and the public have long played in permitting decisions affecting clean water.
"With this rule change, the Trump administration has given corporations the green light to run roughshod over local communities, and has proven it is more interested in corporate rights than states' rights," said Andrew Hawley, attorney at the Western Environmental Law Center. "The judicial branch must intervene to preserve some semblance of balance in our nation. What an opportunity for the courts here: To stop this flagrant overreach steamrolling states and Tribes while preserving an essential public health and clean water protection."
The new rule guts the Clean Water Act's Section 401 provisions, which for nearly 50 years have provided for states' and authorized Tribes' self-determination in permitting for a wide array of projects requiring federal approval within their borders. The rule also suppresses state and Tribal public participation processes that moor U.S. water policy in the harbor of democracy.
"Now is not the time to be rolling back protections for our rivers and clean water," said Chris Williams, senior vice president for conservation at American Rivers. "We need to be doing more, not less, to ensure healthy rivers can provide clean drinking water and support strong communities and local economies. The Trump administration's unlawful new 401 rules abandon the Clean Water Act's commitment to providing a voice for Tribes, states, and communities in how their rivers and streams are protected and managed, allowing potentially harmful projects to escape critical local review. We must protect the rights of states and Tribes to defend clean water safeguards."
"The rule changes will have a long-term and devastating effect on California's ability to manage its clean water resources," said Redgie Collins, staff attorney at California Trout. "Unless changed, this gives hydroelectric dam operators the ability to skirt State Water Board regulations that protect the health, safety, and welfare of all Californians."
This rule change is separate from rollbacks to the Waters of the U.S. Rule (WOTUS), which eliminates protections for many waterbodies throughout the country, but represents an equally dangerous threat to clean water and public health nationwide: Section 401 applies broadly to any proposed federally licensed or permitted activity that may result in a discharge into any waterway that is covered under the law. Projects that may be approved against states' and Tribes' wishes include pipelines, hydropower, industrial plants, municipal facilities, and wetland development.
Working in combination, the Section 401 and WOTUS rollbacks will make it virtually impossible for states, Tribes, and communities to stand in opposition to projects that will pollute and harm their rivers, streams, lakes, and wetlands.
Further, the new rule limits the information on proposed projects that may be made available to the states, Tribes, and the public.
"These new regulations are a brazen attack on the Clean Water Act with the goal of undermining the public's ability to protect our rivers from harmful impacts of federally-licensed energy projects on the environment and outdoor recreation," said Bob Nasdor, American Whitewater legal director. "Rather than protecting and restoring our rivers, these rules will weaken water quality by limiting the information, time for review, and ability of the states to require that projects meet state standards."
"Under the cover of COVID-19, the Trump administration has again stripped one of our bedrock environmental laws and is giving extractive and polluting industries the power to dictate their own pollutant levels in our rivers, lakes, and wetlands, all in the name of profit," said Nic Nelson of Idaho Rivers United. "By effectively silencing public review and participation processes for these projects, they will have equally degraded our basic rights of democracy."
The new rule, finalized without Congressional input, directly overturns Congress' intent to integrate state and federal authority for permitting decisions affecting state waterways.
Letters (public comments) from states, Tribes, and organizations opposing Section 401 rollbacks:
Opposition Letter: State of South Dakota (scathing)
October 21, 2019
https://pdfhost.io/v/v.mLY3z2d_20191021South_Dakota_CWA_401_commentspdf.pdf
Opposition Letter: State of Arkansas
October 21, 2019
https://pdfhost.io/v/5RTbsrt8~_AR_401_Commentspdf.pdf
Opposition Letter: State of California
October 21, 2019
https://pdfhost.io/v/F1zojtGKa_20191021_Ltr_to_A_Wheeler_re_SWRCB
Opposition Letter: Confederated Tribes and Bands of the Yakama Nation
October 21, 2019
https://pdfhost.io/v/FoaQ2zvAh_20191021Yakama_Nation_Section_401_Commentspdf.pdf
Opposition Letter: Inter Tribal Association of Arizona
October 21, 2019
https://pdfhost.io/v/.jk5nJ1oK_InterTribal_Assn_of_AZ_401_Commentspdf.pdf
Opposition Letter: State of Idaho
October 21, 2019
https://pdfhost.io/v/kZlX31CB7_ID_401_Commentspdf.pdf
Opposition Letter: State of Louisiana
October 19, 2019
https://pdfhost.io/v/F52ivsrg._LA_401_Commentspdf.pdf
Opposition Letter: Menominee Indian Tribe of Wisconsin
October 22, 2019
https://pdfhost.io/v/UTuKpy6FF_Menominee_Tribe_401_Commentspdf.pdf
Opposition Letter: State of Montana
October 17, 2019
https://pdfhost.io/v/SnoPVhxYj_MT_401_rule_Commentspdf.pdf
Opposition Letter: State of Nevada
October 17, 2019
https://pdfhost.io/v/0BeC6MkzI_NV_401_Rule_Commentspdf.pdf
Opposition Letter: State of New York
October 21, 2019
https://pdfhost.io/v/c0.jrsYs~_NY_401_Commentspdf.pdf
Opposition Letter: State of Pennsylvania
October 21, 2019
https://pdfhost.io/v/Q9h7qFprp_PA_Comments_on_401_rulepdf.pdf
Opposition Letter: Seattle City Light
October 21, 2019
https://pdfhost.io/v/XDTlaYaTh_Seattle_City_Light_401_Commentspdf.pdf
Opposition Letter: Skokomish Indian Tribe
October 20, 2019
https://pdfhost.io/v/NKCE.ps4l_20191020Skokomish_Tribe_Section_401_Commentspdf.pdf
Opposition Letter: Standing Rock Sioux
October 21, 2019
https://pdfhost.io/v/67Ar2EyV8_Standing_Rock_Sioux_401_Commentspdf.pdf
Opposition Letter: State of Tennessee
October 21, 2019
https://pdfhost.io/v/e7PdQltny_TN_401_Commentspdf.pdf
Opposition Letter: State of Texas
October, 2019
https://pdfhost.io/v/SS5mPC48m_TX_401_commentspdf.pdf
Opposition Letter: Twenty-Nine Palms Band of Mission Indians
October 14, 2019
https://pdfhost.io/v/hiNTrBCKr_Twenty_Nine_Palms_Band_401_Commentspdf.pdf
Opposition Letter: State of Washington
May 24, 2019
https://pdfhost.io/v/21GYgD4xa_WA_401_Commentspdf.pdf
Opposition Letter: National Governors' Association
October 18, 2019
https://www.nga.org/policy-communications/letters-nga/natural-resources-committee/
Opposition Letter: Western Governors' Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, Council of State Governments, Western Interstate Region, Association of Clean Water Administrators, Association of State Floodplain Managers, Association of State Wetland Managers, Western States Water Council
October 16, 2019
https://www.ncsl.org/Portals/1/Documents/standcomm/scnri/EPA_NPRM_CWA_401_Comments_FINAL.pdf?ver=2019-10-17-150909-880×tamp=1571346568787
Opposition Letter: Earthjustice, Sierra Club, and 31 other organizations
October 21, 2019
https://www.sierraclub.org/sites/www.sierraclub.org/files
Opposition Letter: Sens. Carper, Duckworth, and Booker
October 21, 2019
Opposition Letter: Southern Environmental Law Center
October 21, 2019
Opposition Letter: Rep. Peter DeFazio
July 29, 2019
https://transportation.house.gov/imo/media/doc/2019-7-29%20PAD_LTR%20to%20EPA%20re%20401Certification.pdf
The Western Environmental Law Center uses the power of the law to safeguard the public lands, wildlife, and communities of the American West in the face of a changing climate. We envision a thriving, resilient West, abundant with protected public lands and wildlife, powered by clean energy, and defended by communities rooted in an ethic of conservation.
(541) 485-2471LATEST NEWS
'Truly Insane': Pentagon Threatened Pope After He Condemned Trump's Military Attacks
The US "has the military power to do whatever it wants in the world," a top official told the Vatican's US representative. "The Catholic Church had better take its side."
Apr 09, 2026
Pope Leo, the first American to be named the head of the worldwide Catholic Church, has spoken out against President Donald Trump's policies frequently this year as the US has invaded Venezuela and Iran and threatened Cuba's 10 million people with an oil blockade that has crippled the island's economy and healthcare system—and according to new reports, his criticism has followed a warning from a Pentagon official who demanded the Vatican take the "side" of the White House in foreign disputes.
The Free Press originally reported this week that after the pope's "State of the World" address on January 9, US Undersecretary of Defense for Policy Elbridge Colby called Cardinal Christophe Pierre, the Vatican's US diplomatic representative, to Washington.
Colby told Pierre that the US "has the military power to do whatever it wants in the world."
"The Catholic Church had better take its side," he said, according to The Free Press.
Another Pentagon official alluded to the Avignon papacy, a period in the 14th century in which the French monarchy ordered an attack on Pope Boniface VIII and forced seven successive popes to relocate from Rome to Avignon in France.
According to Christopher Hale of the Substack blog Letters From Leo, who independently confirmed the meeting had taken place, Vatican officials took the remarks about the Avignon papacy as "a threat to use military force against the Holy See."
"Bringing up the Avignon papacy as a threat is truly insane," said progressive organizer Jonathan Cohn.
The pope is unlikely to visit the US during Trump's presidency as a result of the meeting, Hale reported. Pope Leo rejected an invitation to the White House for the United States' 250th anniversary celebration on July 4, and is reportedly planning to visit the island of Lampedusa in the Mediterranean that day, where thousands of North African immigrants have arrived as they attempt to reach Europe.
The pope, reported Hale, "is too deliberate a man to have chosen that date by accident."
The Pentagon meeting took place days after Pope Leo angered the Trump administration, including Defense Secretary Pete Hegseth, by lamenting the fact that "a diplomacy that promotes dialogue and seeks consensus among all parties is being replaced by a diplomacy based on force, by either individuals or groups of allies.”
In the speech that enraged Pete Hegseth and top Pentagon officials, Pope Leo XIV said: “A diplomacy that promotes dialogue and seeks consensus among all parties is being replaced by a diplomacy based on force.”
“War is back in vogue, and a zeal for war is spreading.
“The… pic.twitter.com/q76XtqxNXU
— Christopher Hale (@ChristopherHale) April 8, 2026
He made the comments days after the US invaded Venezuela, killing dozens of people and abducting President Nicolás Maduro, and as the US continued its boat bombing campaign that began last year in Latin America.
Since then, the pope has made numerous statements in recent weeks as the US joined Israel in bombing Iran and Trump issued increasingly bellicose threats to attack the country's population of 93 million people.
He said on Tuesday, hours before a two-week ceasefire was reached between the US, Iran, and Israel, that Trump's threat to wipe out the "whole civilization" of Iran was "truly unacceptable."
"There are certainly issues of international law here, but even more, it is a moral question concerning the good of the people as a whole, in its entirety," said Pope Leo. “Let’s look for solutions in a peaceful way.”
He also appeared to reject a call from Hegseth last month when the defense secretary asked Americans to pray for US troops in Iran "in the name of Jesus Christ."
"Brothers and sisters, this is our God: Jesus, King of Peace, who rejects war, whom no one can use to justify war," said the Pope in his homily on Palm Sunday days later. "He does not listen to the prayers of those who wage war, but rejects them, saying: 'Even though you make many prayers, I will not listen: your hands are full of blood.'"
The New Republic reported that prior to the January meeting Pierre was called to, there were no public records of meetings between the Vatican and Pentagon officials, "let alone an instance in which the world power suggested that it could force the Bishop of Rome into captivity."
When asked about the meeting on Wednesday, Vice President JD Vance—a Catholic convert—at first claimed not to know who the Vatican's US representative was, before saying the reported was "uncorroborated."
BREAKING: JD Vance initially says he doesn't know who Cardinal Christophe Pierre is — until recently Pope Leo XIV’s ambassador to the United States — then, once reminded, declines to comment on the Pentagon's January meeting with the cardinal or on the ”bitter lecture” Under… pic.twitter.com/Qknnuh0wxv
— Christopher Hale (@ChristopherHale) April 8, 2026
The Defense Department also denied The Free Press' account of the meeting, saying the characterization was "highly exaggerated and distorted.”
Writer Pedro Gonzalez noted that former Trump adviser Steve Bannon discussed strategies to "take down" the late Pope Frances with convicted sex offender Jeffrey Epstein, according to files on Epstein that were released by the Department of Justice.
"It is for this and other reasons that people take seriously the report about the Trump-Vance administration threatening Pope Leo to bend the knee or else," said Gonzalez. "These people are insane. Their hunger for power is bottomless. Moral resistance will be met with intimidation and threats, whether it’s in America or in Rome."
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Calls for 'Full Arms Embargo' Against Israel as Lebanon Massacres Imperil Ceasefire Hopes
"The United States and all other countries need to cut off weapons to Israel immediately."
Apr 09, 2026
Fresh demands for a total arms embargo against Israel emerged Wednesday as the country's devastating onslaught in Lebanon—leveling apartment buildings and killing more than 250 people—threatened to derail tenuous progress toward a deal to end the US-Israeli war on Iran.
"The United States and all other countries need to cut off weapons to Israel immediately," said Dylan Williams, vice president for government affairs at the US-based Center for International Policy. "Full arms embargo."
Avi Lewis, leader of Canada's New Democratic Party, wrote on social media that "Canada must bring sanctions against Israel, cancel the Canada-Israel free trade agreement, implement a real two-way arms embargo, and use every diplomatic and economic tool at our disposal to rein in Israel."
"US-Israeli impunity has shredded the international order," he added. "Canada should lead in rebuilding it."
US Sen. Bernie Sanders (I-Vt.) said Wednesday that he "will be offering a resolution to stop US military aid to Israel" when Congress returns to session next week. The US is Israel's chief arms supplier; recent data shows that 99% of Israel's weapons imports are from the US and Germany.
Israel launched its barrage of airstrikes on Lebanon, including busy areas in central Beirut, just hours after US President Donald Trump, Iranian leaders, and Pakistani mediators announced a two-week ceasefire agreement aimed at providing space for a lasting resolution to the war that the US and Israel launched in late February.
Pakistan's prime minister said explicitly that Lebanon was part of the ceasefire agreement, but the Trump White House and Israeli Prime Minister Benjamin Netanyahu insisted the country was excluded, prompting fury in Iran.
"If this isn’t yet another case of the US early reneging, then what is it?" asked Esmaeil Baqaei, a spokesperson for Iran's Foreign Ministry.
US Vice President JD Vance claimed Wednesday that there was a "legitimate misunderstanding" about the terms of the ceasefire, saying the Iranians "thought that the ceasefire included Lebanon and it just didn't."
"That said, the Israelis have actually offered to check themselves a little bit in Lebanon because they want to make sure that our negotiation is successful," Vance said.
More Israeli airstrikes were reported in Beirut as Vance made his comments.
More Israeli airstrikes in Beirut #Lebanon just as VP Vance says Israel will show restraint. “Israelis have actually offered to check themselves a little bit in Lebanon …to make sure that our negotiation is successful.”
This is in sheyyah area tonight pic.twitter.com/F4ZFrlKS52
— Joyce Karam (@Joyce_Karam) April 9, 2026
Israel's assault on Wednesday marked the deadliest day for Lebanon during the latest round of bombing, which began days after the US and Israel launched their war on Iran. Lebanon held a national day of mourning on Thursday as rescue efforts continued across the country.
One woman, identified as Haniya Faraj, told The New York Times that nine of her relatives were wounded in an Israeli attack on a neighborhood in central Beirut.
“I don’t know if there are more, my head is about to explode," she said. "I can’t reach all my family members."
The Associated Press reported that its journalists "saw charred bodies in vehicles and on the ground at one of Beirut’s busiest intersections in the central Corniche al Mazraa neighborhood, a mixed commercial and residential area. Using forklifts, rescue workers removed smoldering debris and sifted through ruins for survivors."
Heba Morayef, Amnesty International's regional director for the Middle East and North Africa, said in a statement that the Israeli government "has an appalling track record of carrying out unlawful attacks in Lebanon and displaying a callous disregard for civilian life, fueled by the impunity Israeli officials feel they enjoy."
"These attacks are a reminder that states must immediately halt the transfer of arms and weapons to Israel, given the overriding risk that they will be used to commit serious violations of international humanitarian law," said Morayef.
European leaders, including French President Emmanuel Macron and Spanish Prime Minister Pedro Sánchez, condemned Israel's massive bombardment of Lebanon and reiterated that the country must be included in the ceasefire agreement.
"We condemn these strikes in the strongest possible terms," said Macron. "They pose a direct threat to the sustainability of the ceasefire that has just been reached. Lebanon must be fully covered by it."
Sánchez, who has vocally condemned the Iran war from the start as illegal and immoral, went further, urging the European Union to "suspend its Association Agreement with Israel."
"There must be no impunity for these criminal acts," said Sánchez.
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As Trump-Iran Truce Frays, Dem Leaders Pursue Yet Another Round of War Powers Votes
"A two-week ceasefire is insufficient," argued House Minority Leader Hakeem Jeffries. "We need a permanent end to Donald Trump’s reckless war of choice."
Apr 08, 2026
After accusations of cowardly delays, Democratic leaders in the US Congress moved Wednesday toward a vote on yet another war powers resolution aimed at stopping President Donald Trump from waging more unauthorized war on Iran as the tenuous day-old Mideast ceasefire unravels.
Senate Minority Leader Chuck Schumer (D-NY) announced Wednesday that Democrats will force a vote on a war powers resolution when upper chamber lawmakers reconvene next week.
"Congress must reassert its authority, especially at this dangerous moment," Schumer said during a press conference at his New York office. "No president, Democrat or Republican, should take this country to war alone. Not now. Not ever."
Meanwhile, House Minority Leader Hakeem Jeffries (D-NY) reiterated remarks made during a Tuesday evening interview with CNN's Anderson Cooper, in which he said he's demanding House Speaker Mike Johnson (R-La.) "immediately reconvene the House back into session" so lawmakers can vote on the war powers resolution.
"A two-week ceasefire is insufficient," Jeffries said. "We need a permanent end to Donald Trump’s reckless war of choice."
"Assuming it doesn’t happen this week, we’ll go back into session next week and we will present a war powers resolution as soon as it becomes available to us to do so as a matter of privilege on the House floor," he continued. "All we need are a handful of Republicans to join us."
"The American people strongly oppose this reckless war of choice and know that we should not be spending billions of dollars to drop bombs in Iran while Republicans and Donald Trump are unwilling to spend a dime to actually make life more affordable for the American people," Jeffries added.
The GOP-controlled House and Senate have rejected attempts to pass war powers resolutions, with Johnson denying that the US is even at war—a dubious argument used in as far back as the Korean War in order to skirt the constitutional requirement for congressional assent.
Jeffries also announced Wednesday that House Judiciary Committee Ranking Member Jamie Raskin (D-Md.) has scheduled a Friday meeting online regarding “Trump administration accountability and the 25th Amendment," which allows for the dismissal of a president who is incapacitated, unable, or unwilling to perform their duties.
More than 80 Democratic lawmakers are urging members of Trump's Cabinet to invoke the measure and remove him from office for his genocidal threats against Iran.
Schumer's announcement came on the heels of a day that began with Trump's genocidal threat to wipe out Iran's civilization and ended with an agreement for the US and Israel to grant broad concessions to Tehran—including a two-week pause in hostilities—in exchange for the reopening of the Strait of Hormuz.
“All of this happens when one man, especially a man acting as unhinged as Donald Trump, has unchecked power to wage war,” Schumer said. “He backs himself into a corner with dangerous, escalating rhetoric.”
“The entire world holds its breath, wondering what's next going to come out of his mouth,” Schumer said of Trump. “And can he ever find a way out? A commander-in-chief who is truly in control would never have gotten into this colossal mess to begin with.”
There have been several unsuccessful attempts to pass an Iran war powers resolution, including a bipartisan House effort led by Reps. Ko Khanna (D-Calif.) and Thomas Massie (R-Ky.), and another spearheaded by Sens. Tim Kaine (D-Va.) and Rand Paul (R-Ky.) in the upper chamber. A handful of House Republicans supported the Khanna-Massie resolution, while Sen. John Fetterman (D-Pa.) broke ranks to vote against the Kaine-Paul measure.
“Republicans will once again have the opportunity to join Democrats and end this reckless war of choice," Schumer added. "The public must demand that Republicans join with us to approve the War Powers Act."
The renewed push for a war powers vote comes as the shaky Iran ceasefire is being heavily tested both by Israel's devastating attacks on Lebanon—which have reportedly killed or wounded more than 1,300 people over the past 24 hours—and Iran's refusal to allow ships to pass through the Strait of Hormuz.
Schumer said Wednesday that “this is one of the very worst military and foreign policy actions that the United States has ever taken."
“The war made us worse in terms of control of the Strait of Hormuz,” he argued, alluding to the ceasefire provision allowing Iranian control over the vital waterway and a $2 million-per-ship toll. "The war made us worse in terms of the strength of the Iranian regime. The war made us worse in terms of high gas prices... And the war made us worse because American credibility is down the drain.”
The War Powers Resolution of 1973—also known as the War Powers Act—was enacted during the Nixon administration toward the end of the US war on Vietnam, Cambodia, and Laos. The law empowers Congress to check the president’s war-making authority by requiring the president to report any military action to Congress within 48 hours. It also mandates that lawmakers approve any troop deployments lasting longer than 60 days.
In addition to Iran, members of Congress have tried—and failed—to pass multiple war powers resolutions limiting Trump's attacks on Venezuela, whose president was kidnapped during a brief US invasion in January.
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