Earlier this month, the Environmental Protection Agency announced a proposal to revise the Clean Water Act, specifically a section of the law that regulates water quality and limits states’ and tribes’ authority over federal projects, as well as how tribes can gain the authority to conduct those reviews. Experts say the move would dissolve one of the few tools tribes have to enforce treaty rights and hamper their ability to protect tribal citizens.

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The proposed rule also changes how tribes can gain regulatory authority to assess water quality under the Treatment in a Similar Manner as a State program, or TAS. Under that program, tribes are able to act as regulators, one of the few tools available to them, and directly set conditions to limit factors that would pollute waters near tribal lands.

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During the Biden administration, tribes advocated for a baseline rule allowing all tribes some input in federal projects while seeking TAS status, but industry pushback during the comment period and a Trump win during the general election in 2024 led to its withdrawal from the EPA in December.