2025 &2026 Federal Action Alert Legislation Update

KWA deepened our commitment to protecting our waterways last year through the revitalization of our Policy Program. This allowed us to address both state and federal challenges to clean water which resulted in more frequent communications to our members about complicated issues, proposals, and processes. We also asked you more often to tell your elected representatives that clean water for drinking, recreation, farming, business, and wildlife is important to you. We encouraged you to speak up for or against specific legislation and proposed rules.

It is easy to feel like these efforts are in vain, but silence has a real cost: when lawmakers don’t hear from the people who care about clean water, they assume it isn’t a priority. Every message, call, and signature helps remind them that protecting our waterways matters to the people they represent.

In the last part of 2025 and early 2026 KWA shared information and action alerts for the following Federal legislation and rulemaking:

• Ohio River Basin Restoration Act
• Waters of the United States (WOTUS) Rulemaking
• PERMIT Act (H.R.3898)
• SPEED Act (H.R.4776)
• Endangerment Finding (Climate) Rulemaking
• Endangered Species Act “Harm” Rulemaking

We’ve asked a lot of you this year and therefore providing this update on the status of Federal legislation and rulemaking. Thank you for speaking up for clean water. This list was last updated on 1/13/26.

Ohio River Basin Restoration Act

• Establishes a dedicated program and funding for large-scale restoration and protection projects across the Ohio River Basin. Congress.gov
• Current Status: H.R.5966 was introduced in the House in November and assigned to Committee. No Vote has occurred yet, but it has bipartisan support and co-sponsors.
• Next Steps: Attempts to hear H.R.5966 individually or as an amendment to another bill are currently in progress.

Waters of the United States (WOTUS) Rulemaking

• EPA has presented a very narrow definition of WOTUS reducing protection and increasing vulnerability to pollution. US EPA
• Current Status: The public comment period closed 01/06/2026. KWA submitted comments during two public comment periods and testified to the EPA.
• Next Steps: EPA must review and respond to comments and intends to issue a final rule in early to mid-2026. If appropriate the rule can be challenged in court or rejected by the congressional review.

PERMIT Act (H.R.3898)

• The Permission to Pollute Act claims to increase permitting efficiency, but in reality, it severely weakens the CWA and residential rights to challenge permits.
• Current Status: The House passed the PERMIT Act in December 2025 and has been received in the Senate and referred to Committee. Congress.gov
• Next Steps: It must be passed out of a subcommittee before hearing in front of the full Senate. Expect to hear more from KWA on this in the future.

SPEED Act (H.R.4776)

• Amends NEPA’s environmental review process, intended to reduce permitting delays, but in reality, undercuts environmental safeguards and reduces opportunities for participation.
• Current Status: The House passed the SPEED Act in December 2025 and been received by the Senate and referred to Committee. Congress.gov
• Next Steps: It must be passed out of a subcommittee before hearing in front of the full Senate. Expect to hear more from KWA on this in the future.

Endangerment Finding (Climate) Rulemaking

• The EPA’s Endangerment Finding (2009) concluded that greenhouse gases threaten public health and welfare, justifying regulation under the Clean Air Act. While primarily an air quality action, it intersects with water quality by shaping climate policy that affects hydrology, stormwater, and pollutant loads. US EPA
• Current Status: The public comment period closed 09/22/2025. KWA formally opposed this legislation in official comments submitted to the EPA.
• Next Steps: EPA must review and respond to comments and intends to issue a final rule in early-2026. If appropriate the rule can be challenged in court or rejected by the congressional review.

Endangered Species Act “Harm” Rulemaking

• The U.S. Fish and Wildlife Service and NOAA Fisheries removed term “habitat” from the definition of “harm” under the Endangered Species Act (ESA), removing protection of habitat for species covered by the ESA. USFW / NOAA
• Current Status: The public comment period closed 05/16/2025. KWA contributed to drafting comments for both a national and state coalition. No final rule has been released.
• Next Steps: USFW and NOAA must review and respond to comments. There is no expected final rule date, which may indicate successful opposition.