NY Senator: Rethink Canadian Tariffs – Prices Would Rise For All, Budget Wins For Staten Island And New York, Hudson Tunnel Project, EPA Abandons Clean Water Requirements, More Updates

NY Senator: Rethink Canadian Tariffs – Prices Would Rise For All, Budget Wins For Staten Island And New York, Hudson Tunnel Project, EPA Abandons Clean Water Requirements, More Updates

Editor’s note: The Senate voted on a bill to bar the president from levying and having control over tariffs.  However, the House Republican leadership has signaled that this bill will not be brought to the floor for a vote, essentially rendering it entirely symbolic, and also indicating the continued support for all of the president’s actions by the House of Representatives.  As Senator Gillibrand indicates and as other economists have stated, tariffs are paid entirely by US consumers, because the cost of importing goods becomes higher. As the senator mentions, these are not always costs of finished goods.  Canada supplies US farmers with potash, which is needed to fertilize their soil.  When these import costs rise, the farmers must pay them up front and then build that additional cost into their finished product.  While all but the largest companies can absorb these costs, that is not sustainable and they must eventually also raise their prices.  This is especially so when they represent a 25% or the now-threatened 100% increase in the cost for the same products that they were previously purchasing.  Consumers are noticing the effects of the already-instituted tariffs, mainly at the grocery store.  The cost of essentials, called the ALICE Essential Index, shows that inflation on the things we use and buy every day have gone up significantly, and this measure is more accurate than the across-the-board data for general consumer goods. 

About the tariff bill, Republican Senator McConnell said: “Protectionists eagerly celebrate the revenue from tariff duties. But they don’t talk nearly as much about how much of that revenue they’ll spend protecting American growers and producers from the avoidable harm of their policies… Tariffs make both building and buying in America more expensive.  The economic harms of trade wars are not the exception to history, but the rule. And no cross-eyed reading of Reagan will reveal otherwise.”

GILLIBRAND SLAMS TRUMP’S COSTLY CANADIAN TARIFF THREATS

Washington, D.C. – Today, U.S. Senator Kirsten Gillibrand (D-NY) held a virtual press conference to demand that President Trump stop illegally threatening tariffs against American allies.

Over the weekend, President Trump threatened to impose 100% tariffs on Canadian goods. He also said that the U.S. would levy a 25% tariff on South Korean goods. Earlier this month, the president threatened a 10 percent tariff on NATO countries unless the United States is given Greenland.

“As the president continues to recklessly and haphazardly threaten countries with tariffs, working New Yorkers and small businesses are paying the price,” said Senator Gillibrand. “If the president follows through on his latest threat to impose a 100% tariff on Canadian goods, New Yorkers will suffer. From fertilizer to electricity to car parts, Upstate New Yorkers rely heavily on Canadian products. At a time when prices are already soaring, working families shouldn’t have to pay more for what they need. I’m demanding that President Trump halt his illegal actions, and I will do everything in my power to hold the president accountable for the hardship he’s causing for New Yorkers.”

Last year, President Trump levied tariffs on over 90 countries, including a 35% tariff on certain Canadian goods and a 10% tariff on Canadian energy, energy resources, and potash. These global tariffs have already hit American families hard, increasing costs for New York households by an estimated $4,200. If the president follows through on his threats to impose further tariffs on Canadian goods, New York families will pay an even higher price, Upstate small businesses will suffer, and energy prices will skyrocket.

Senator Gillibrand has opposed President Trump’s tariffs since the start of his administration. Last year, she joined 14 of her colleagues in introducing the Small Business RELIEF Act to end Trump’s tariff tax and refund small businesses their duties paid. She also sent a legal brief with 206 members of Congress emphasizing to the Supreme Court that these tariffs are illegal.

 

 

GILLIBRAND, SCHUMER ANNOUNCE $8 MILLION IN FEDERAL FUNDING FOR STATEN ISLAND

Senators Secured Federal $$$ For Community Centers, Health Infrastructure, and More

Staten Island, NY – U.S. Senator Kirsten Gillibrand, a member of the Senate Appropriations Committee, and U.S. Senator Charles E. Schumer announced $8 million in federal funding for critical projects in Staten Island in the Fiscal Year (FY) 2026 funding package that was signed into law yesterday. The senators personally secured funding for these projects as congressionally directed spending items.

“This year’s funding will help support critical projects on Staten Island, from critical enhancements at community centers to hospital upgrades and services to better support small businesses,” said Senator Gillibrand. “With tens of millions of dollars going directly to organizations across the five boroughs, I am proud to be delivering this much-needed federal funding to improve the lives of New Yorkers and to keep New York City flourishing.” 

“From enhancing newborn ICU facilities at Richmond Medical Center to supporting Staten Island’s small businesses, these funds are boosting projects that will make a difference in the lives of New Yorkers,” said Senator Schumer. “I won’t stop fighting to deliver the resources needed to better our communities and support the incredible organizations that help Staten Island flourish.”

A full list of funded projects on Staten Island is below:

$3 million for the Staten Island Chamber of Commerce Foundation to support the NYC Small Business Resource Network

Launched in October 2020, the NYC Small Business Resource Network is a partnership between the five Chambers of Commerce representing the five boroughs of New York City.  This funding will enhance the SBRN’s ability to offer small businesses free, personalized support and connections to curated resources from both the public and private sectors.

$2.5 million for Catholic Charities of Staten Island to Upgrade Community Center

This funding will be used to renovate a 100-year-old community center that houses a senior center, community hub, and food pantry, and provides recreational programming, case assistance, eviction prevention, and educational classes to the North Shore communities of Staten Island.

$2 million for the Richmond Medical Center Neonatal Intensive Care Unit

The Neonatal Intensive Care Unit (NICU) at Richmond University Medical Center (RUMC) serves one of the highest-risk populations in the United States, with a significantly higher percentage of low-birthweight babies born compared to the national average. These funds will support capital enhancements to the NICU facilities to create a more efficient, comfortable, and family-centered care environment.

$500,000 for Staten Island Chamber of Commerce Foundation HR Services for Small Businesses

This funding will be used to support the implementation and operation of the HR Services program. This funding will cover the costs of workshops, consulting services, AI tools, job board maintenance, and employee training programs.

 

 

SENATOR GILLIBRAND STATEMENT ON TRUMP HOLDING GATEWAY FUNDING HOSTAGE IN EXCHANGE FOR NAMING RIGHTS TO DULLES & PENN STATION

 

Washington, D.C. – U.S. Senator Kirsten Gillibrand (D-NY), a member of the Senate Appropriations Committee, released the following statement on a Punchbowl report that the president of the United States will release federal funds that he is withholding for the Gateway Hudson Tunnel Project in exchange for the renaming of Washington Dulles International Airport and Penn Station in New York after himself. Yes, really:

“No. This is ridiculous. These naming rights aren’t tradable as part of any negotiations, and neither is the dignity of New Yorkers. At a time when New Yorkers are already being crushed by high costs under the Trump tariffs, the president continues to put his own narcissism over the good-paying union jobs this project provides and the extraordinary economic impact the Gateway tunnel will bring.

 

“I demand that the president put people first and unfreeze this project and all the others his administration has been holding hostage for his personal gain.”

 

GILLIBRAND, SCHUMER ANNOUNCE $6.3 MILLION IN FEDERAL FUNDING FOR NEW YORK CITY PROJECTS

New York, NY – U.S. Senator Kirsten Gillibrand, member of the Senate Appropriations Committee, and U.S. Senator Charles Schumer announced that they secured $6,341,000 in federal funding for critical science and public safety projects across New York City in the just-passed fiscal year (FY) 2026 Commerce-Justice-Science funding bill. The senators personally secured funding for these projects as congressionally directed spending items.

“I am thrilled to bring home $6.3 million in federal funding for critical projects across the five boroughs,” said Senator Gillibrand. “These projects will contribute to public safety and youth outreach programming in addition to furthering scientific innovation in New York. I am proud to deliver these funds, and I will continue working to ensure that innovative projects receive federal funding so New York City and State can thrive.”

“I’m proud to deliver these critical investments to our communities to support youth development programs, provide support services to people impacted by violence, advance research at local colleges, and much more,” said Senator Schumer. “These funds are supporting projects that will make a difference in the lives of New Yorkers, and I won’t stop fighting to deliver the resources needed to better our communities.”

 

A full list of funded projects is below:

$2,531,000 for the New York Police Athletic League’s (PAL) Youth Development Program

The funding will be used to support the New York City Police Athletic League’s (PAL’s) Crime Prevention through Youth Development Program across the Bronx, Manhattan, and Queens. The project will be a joint partnership with the New York City Police Department (NYPD) for 2,500 teenagers at PAL Community Youth Centers serving communities that experience higher than average juvenile crime involvement in New York City. The program will help prevent and mitigate the impact of community violence, crime, childhood trauma, and inadequate recreational, educational, mentorship, and workforce development opportunities.

$1,031,000 for Queens College, CUNY Construction of Microelectronics Nanofabrication Facility

This funding will be used to build a cleanroom facility for nanofabrication teaching and research on the CUNY Queens College campus. The facility will provide capabilities for microlithography and nanodevice fabrication that are not currently offered by any university in Queens, Brooklyn, or Long Island. This facility will provide in-demand microelectronics fabrication skills to a large population of graduate students and undergraduates, including a high proportion of first-generation college students. The project will dramatically stimulate workforce development, since micro- and nanofabrication techniques are essential to the fields of semiconductors, information technology, quantum computing, laser engineering, and photonic devices. 

$1,000,000 for New York University Quantum Research Equipment

This funding will be used for the purchase of a Thermal Laser Epitaxy (TLE) system for cutting-edge quantum research at New York University.

$979,000 for Freshkills Park Biological Research Station

This funding will be used for the creation of a research station hosted at the 2,200+ acre Freshkills Park on Staten Island, which is the largest landfill-to-greenspace transformation project in the world. The Freshkills Biological Station will serve as a hub for scientific expertise, education, and community-based participation, working to develop economical solutions to problems like community resilience and natural areas stewardship.

$500,000 for the Safe Horizon’s Services to Survivors of Violence Program

This funding will support services to individuals who have been impacted by crime and violence. These services will be provided in close collaboration with the justice system, local police precincts, and the courts.

$300,000 for the Queens County District Attorney’s Conviction Integrity Unit

This funding will support the Office of the Queens County District Attorney (QDA) Conviction Integrity Unit (CIU)’s efforts to partner with local, state, federal, and nonprofit criminal justice agencies to undertake thorough evaluations of past convictions where there are credible claims of innocence or wrongful conviction.

 

GILLIBRAND SECURES MAJOR WINS FOR NEW YORK IN RECENTLY PASSED FEDERAL FUNDING PACKAGE

Bill Includes Funding for Environmental Conservation, Science, Technology, Research, Economic Development, and More

Washington, D.C. – U.S. Senator Kirsten Gillibrand, a member of the U.S. Senate Appropriations Committee, announced that several of her priorities were included in the just-passed Fiscal Year (FY) 2026 Energy and Water Development, Commerce-Justice-Science, and Interior and Environment funding bills. In addition to the $65 million in funding Gillibrand personally secured for New York projects as congressionally directed spending items, she secured the following big wins for federal programs and agencies that invest directly in New York via these appropriations bills.

“This funding package is a huge win for New Yorkers,” said Senator Gillibrand. “These federal dollars will help bolster economic development, aid in efforts to protect our environment, and preserve our state’s historic sites for future generations. I was proud to deliver these funds despite the Trump administration’s opposition to many of these priorities, and I will continue fighting to bring home critical federal funding for New York.”

 

Advancing Science, Technology, and Research

• $8.75 billion for the National Science Foundation, which will help counter the Trump administration’s proposed cuts, providing support for nearly 10,000 new competitive research awards and more than 250,000 scientists, technicians, teachers, and students.
• $157.85 million for the construction of a world-leading Electron Ion Collider at Brookhaven National Laboratory on Long Island.
• $111 million for the Laboratory for Laser Energetics Omega facility at the University of Rochester.
• $80 million for the National Sea Grant College Program, which will contribute to the research, outreach, and educational work of New York Sea Grant.

 

Investments in Environmental Conservation, Stewardship, and Remediation

• $528 million for geographic programs that help protect, restore, and improve New York watersheds and water bodies. Specifically, this includes:
  • $369 million for the Great Lakes Restoration Initiative
  • $93 million for the Chesapeake Bay Program
  • $40.5 million for the Long Island Sound
  • $25.5 million for the Lake Champlain Basin Program.
• Nearly $90 million for the West Valley Demonstration Project to support the clean-up and remediation of nuclear waste at this site in Western New York.
• $67 million for National Oceanic and Atmospheric Administration (NOAA) National Marine Sanctuaries, including the newly created Lake Ontario National Marine Sanctuary off the coast of Jefferson, Oswego, Cayuga, and Wayne Counties.
• $37 million for the U.S. Forest Service’s Urban and Community Forestry Program to support growing and maintaining urban forests and green spaces.
• $11.75 million for the Delaware River Basin Restoration Program to support wildlife, improve water quality, and enhance recreational access to the basin, which includes parts of New York’s Southern Tier, Hudson Valley, Mohawk Valley, and Capital Region.
• $2.55 million for the National Estuary Program to protect and restore some of New York’s most significant estuaries, including:
  • $850,000 for the Long Island Sound
  • $850,000 for the New York-New Jersey Harbor Estuary Program
  • $850,000 for the Peconic Estuary Partnership.

Promoting Economic Development and Energy Affordability

• $329 million for the Weatherization Assistance Program, of which approximately $28 million is expected to help New York households increase the energy efficiency of their homes and lower their energy bills.
• $247 million to support three Federal-State Regional Commissions that operate in New York: the Appalachian Regional Commission, the Northern Border Regional Commission, and the Great Lakes Authority. These agencies support economic development in Upstate New York via targeted funding and technical assistance for a variety of economic development activities across the state.
• $175 million in funding for Manufacturing Extension Partnerships (MEP) nationwide. New York’s ten MEP centers provide crucial technological assistance and support for manufacturing in New York, leveraging federal investment to create or save one manufacturing job for every $1,490 in federal funding. Gillibrand also secured language to barring the Trump administration from defunding New York’s MEP network throughout Fiscal Year 2026.

 

Promoting Historic Preservation and National Parks

• $36 million increase in funding for the Historic Preservation Fund, which provides grant funding and technical assistance to preserve and restore historical and cultural sites like Fort Ticonderoga and the National Women’s Hall of Fame in Seneca Falls. This increase includes a $4.9 million set-aside for grants to preserve historic sites like the many in New York that are related to the nation’s semiquincentennial anniversary in 2026. $4 million for memorial sites that honor the victims of the September 11^th terrorist attacks.
• $2.2 million for New York’s four National Heritage Areas, including:
  • $709,000 for the Erie Canalway National Heritage Corridor
  • $500,000 for the Champlain Valley National Heritage Partnership
  • $500,000 for the Maurice D. Hinchey Hudson River Valley National Heritage Area
  • $500,000 for the Niagara Falls National Heritage Area.

 

 

GILLIBRAND, COLLEAGUES PRESS TRUMP ADMINISTRATION OVER CHAOTIC DISRUPTION OF SUBSTANCE ABUSE, MENTAL HEALTH SERVICES FUNDING

Letter to HHS Seeks Answers Over Abrupt Termination And Reinstatement Of Congressionally Appropriated Funds For SAMHSA Services

 

Washington, D.C. — U.S. Senator Kirsten Gillibrand, member of the Senate Appropriations Committee, joined 19 Senate Democratic colleagues in pressing the Trump administration for answers over its recent ploy to cut nearly $2 billion in federal funding for critical substance abuse and mental health services, including over $10 million to New York, only to reverse course on its decision one day later, causing mass chaos and confusion for patients and providers nationwide.

“These critical substance abuse and mental health services provide a lifeline to millions of Americans, and it is vital that they remain fully funded and protected,” said Senator Gillibrand. “Congress appropriated these funds to support people in need across the country, and the administration’s unlawful attempts to cut them are unconscionable. While I am relieved that this funding has been restored, the chaos and uncertainty has caused lasting harm. This is not the first time the Trump administration has sought to weaken these essential programs and undermine decades of hard-fought progress against the overdose epidemic, and I will keep fighting to protect and strengthen these programs and the critical work being done on the front lines of the opioid crisis.”

“Cancelling these grants would have jeopardized critical work being done on the frontlines of the opioid crisis, which directly contradicts this administration’s own stated goals to tackle the opioid crisis,” the senators wrote in their letter to Department of Health and Human Services (HHS) Secretary, Robert F. Kennedy, Jr. “Although HHS has since reversed course, much damage has already been done. Some staff were laid off or put on notice, services were paused, and trust between patients in need of these services and their providers has been permanently undermined.”

Last week, the Department of Health and Human Services (HHS) abruptly announced its plan to cancel over 2,000 active grants administered by the Substance Abuse and Mental Health Services Administration (SAMHSA). Funding for many of these programs was just recently reauthorized by Congress on a bipartisan basis under the SUPPORT Act.

Less than a day later, it was reported that HHS had reversed course on its plan to cancel the grants, retaining current funding levels as appropriated by Congress. Despite this, the immediate cancellation of the grants followed by the unexpected reinstatement caused mass confusion and chaos. Providers were left questioning if they had funding to continue their services, while patients were left unsure if they would continue to have access to the mental health and addiction treatment services they rely on.

Furthermore, the senators noted in their letter that the abrupt issuance of these grant termination notices without warning, explanation, or apparent statutory basis, as was reported, would be a violation of federal grant law.

In addition to Senator Gillibrand, the letter to HHS was signed by Senators Ron Wyden (D-OR), Alex Padilla (D-CA), Amy Klobuchar (D-MN), Angela Alsobrooks (D-MD), Edward Markey, (D-MA), Tina Smith (D-MN), Jack Reed (D-RI), Sheldon Whitehouse (D-RI), Jacky Rosen (D-NV), Jeanne Shaheen (D-NH), Richard Blumenthal (D-CT), Maria Cantwell (D-WA), Gary Peters (D-MI), Ruben Gallego (D-AZ), Jeff Merkley (D-OR), Cory Booker (D-NJ), Mark Kelly (D-AZ), Raphael Warnock (D-GA), and Elizabeth Warren (D-MA).

This letter is part of Gillibrand’s ongoing effort to address the opioid crisis in New York and across the country and hold the Trump administration accountable to its promise to address it. Earlier this year, Gillibrand slammed the Trump administration for terminating more than 100 SAMHSA employees since taking office, purging the front lines of the opioid crisis. Gillibrand also sounded the alarm about the Trump administration’s decision to terminate a $56 million annual grant program that helps prevent fatal overdoses by distributing and providing training to administer the opioid overdose reversal mediation naloxone. Following Gillibrand’s advocacy, the Trump administration reconsidered its decision and renewed the program.

The text of the letter can be found here.

 

GILLIBRAND, SCHUMER DEMAND TRUMP ADMINISTRATION REVERSE ILLEGAL $3+ BILLION FREEZE OF NEW YORK CHILD CARE AND SOCIAL SERVICES FUNDING

Trump Administration Withholding $3.4 Billion In Child Care And Social Services Funding From New York, Putting Hundreds Of Thousands Of Children At Risk

 

Washington, D.C. — U.S. Senator Kirsten Gillibrand (D-NY) and Senate Democratic Leader Chuck Schumer (D-NY) called on the Trump administration to immediately reverse its decision to withhold billions of dollars in federal child care and social services funding from five states, including more than $3.4 billion from New York.

The Trump administration has announced plans to withhold funding intended to support low-income children and families, targeting New York and other Democrat-led states. These subsidies help working parents across New York access affordable, high-quality child care. In a letter to Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., Senators Gillibrand and Schumer called on the administration to immediately reverse course and restore critical funding that New York families rely on.

“The Trump administration is pulling the rug out from under working families, threatening the affordable child care that parents in New York and across the country depend on,” said Senator Gillibrand. “This reckless move could force local child care centers to close their doors, leaving parents without the support they need to go to work and keep food on the table. Our children deserve better than to be used as political pawns. With everyday costs already skyrocketing for families, I will continue to fight relentlessly to secure this vital funding and stop these harmful political ploys that are putting our children and their futures in jeopardy.”

“Hundreds of thousands of New York households rely on the cash assistance and social services supported by CCDF, TANF, and SSBG, and any delay in funding will be catastrophic for families, children, workers, and communities across New York. Simply withholding funds will not fix fraud. Instead, it will destabilize an already fragile child care and social safety net system,” the senators wrote.

The senators demanded that the Trump administration detail any instances of the “extensive and systemic fraud” it cited, without evidence, to justify the funding freeze; identify which agency is conducting any such investigation and when it began; and provide a written justification for withholding federal child care and social services funding without first following established oversight procedures.

In New York alone, this funding freeze threatens more than 219,000 children who rely on child care services, as well as thousands of child care providers statewide, many of them small businesses that cannot withstand funding delays and may be forced to close.

To view the full letter, click here.

 

GILLIBRAND STATEMENT ON IMMINENT CONSTRUCTION PAUSE OF GATEWAY PROJECT

 

New York, NY – Today, U.S. Senator Kirsten Gillibrand, ranking member of the Senate Appropriations Subcommittee on Transportation, Housing and Urban Development, released the following statement regarding reports that the Trump administration’s continued withholding of federal funding could imminently halt construction of the Hudson Tunnel Gateway Project. The $16 billion project is expected to create approximately 95,000 direct and indirect jobs and would construct a new rail tunnel beneath the Hudson River connecting New Jersey and New York City, which over 200,000 people rely upon every day.

“New Yorkers will not tolerate the Trump administration playing political games with our workers or our economy. The Hudson Tunnel Gateway Project is already supporting thousands of good-paying union jobs, generating billions of dollars in regional economic activity, and sustaining domestic suppliers and manufacturers.

Further delays in completing what the administration previously characterized as a ‘quick administrative review’ and the continued withholding of federal funding are inexcusable. These actions put union workers and families across New York and New Jersey at risk and threaten the most critical infrastructure project in the nation.

As ranking member of the Senate Appropriations Subcommittee on Transportation, Housing and Urban Development, I am demanding that President Trump, Secretary Duffy, and OMB Director Russ Vought immediately release the federal funding for the Hudson Tunnel project. New Yorkers will not be treated as political pawns in this administration’s twisted game of chess.”

GILLIBRAND, 15 SENATE DEMOCRATS RAISE ALARM ON EPA’S NEW RULE ABANDONING FEDERAL WATER POLLUTION PROTECTIONS

EPA’s new rule slashes the scope of waters that fall under federal pollution protections, rolling back decades of water quality progress

Washington, D.C. — Today, U.S. Senator Kirsten Gillibrand (D-NY) joined 15 Senate Democrats in opposing a new Trump administration rule that would undo significant progress made to restore the quality of our nation’s waters.

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE)’s new proposed Waters of the United States (WOTUS) rule limits the definition of waters, including removing coverage for waters that are not wet for the duration of an undefined “wet season” and excluding all waters but those with continuous surface connections. This leaves water bodies vulnerable to pollution, flood, and damage, and threatens the cleanliness of drinking water sources and their tributaries across the country.

“The Trump administration is once again ignoring the science and shifting the cost of pollution onto families and communities, all to benefit big corporations,” said Senator Gillibrand. “For decades, Americans have worked to restore our waterways and protect the right of every community to clean, safe water. This proposed rule fundamentally threatens that progress. I will continue fighting to protect, restore, and advance critical environmental protections that keep our nation’s water clean and holds polluters accountable.”

“The proposed rule is legally unnecessary, scientifically unsound, and will harm public and environmental health by allowing more harmful chemicals into our waterways. We urge you to abandon this rulemaking and refocus your efforts on making Americans healthier,” the senators wrote.

In a letter to EPA Administrator Lee Zeldin and U.S. Assistant Secretary of the Army (Civil Works) Adam Telle, the senators express deep concern over the significant harm of stripping federal protections for the nation’s wetlands that do not fall under the new WOTUS rule. Over 50 years ago, Congress set the precedent by passing the Clean Water Act (CWA) – with strong bipartisan votes – to protect America’s water resources and safeguard our nation’s public health. EPA’s new proposal would further roll back these safeguards that were already weakened in the Supreme Court’s 2023 decision in Sackett v. EPA.

“We all drink and use water. Municipal water utilities and their ratepayers—the American people—will disproportionately bear the economic burden of remediating the poorer quality water this rule will cause. Moreover, flood risk management and disaster response services will become increasingly overburdened from the compounding impacts of cumulative upstream watershed degradation,” the senators continued. 

“As proposed, the 2025 draft WOTUS rule ignores science, removes vast swaths of aquatic areas from federal jurisdiction, fails to protect water quality, and passes the costs on to the American taxpayer. It does not simplify the ability of the agency to identify jurisdictional waters. There are reasonable policies we could pursue to simplify permitting and create union jobs in this country, but this proposed rule does not represent a viable path forward,” the senators concluded.

In addition to Senator Gillibrand, the letter was signed by Senators Adam Schiff (D-CA), Sheldon Whitehouse (D-RI), Angela Alsobrooks (D-MD), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Tammy Duckworth (D-IL), Martin Heinrich (D-NM), Edward Markey (D-MA), Jeff Merkley (D-OR), Alex Padilla (D-CA), Jack Reed (D-RI), Lisa Blunt Rochester (D-DE), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), and Ron Wyden (D-OR).

The full text of the letter can be found here and below.

Dear Administrator Zeldin and Assistant Secretary Telle:

In 1972, after the Cuyahoga River caught fire more than a dozen times and the Potomac River choked the nation’s capital with pollution, Congress passed the Clean Water Act (CWA) with strong bipartisan votes to protect America’s water resources and safeguard our nation’s public health. Yet, six decades later, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) have proposed a new Waters of the United States (WOTUS) draft rule that threatens to undo the significant progress our nation has made to restore the quality of our nation’s waters. The proposed rule is legally unnecessary, scientifically unsound, and will harm public and environmental health by allowing more harmful chemicals into our waterways. We urge you to abandon this rulemaking and refocus your efforts on making Americans healthier.

The proposed 2025 WOTUS rule purports to implement the 2023 Sackett v. EPA decision, in which the 5-4 Supreme Court majority substituted its own faulty understanding of science for EPA’s (Sackett v. EPA, 598 U.S. 651 (2023)). On the majority’s new definition in Sackett, Justice Brett Kavanaugh even wrote, “In my view, the Court’s ‘continuous surface connection’ test departs from the statutory text, from 45 years of consistent agency practice, and from this Court’s precedents.” The Sackett ruling determined that wetlands lacking a continuous surface connection to a year-round or flowing body of water shall not be considered WOTUS, even though such waters may have significant effects on the quality of permanent bodies of water. In doing so, Sackett stripped protections for anywhere between 60 to 80 percent of America’s wetlands, depending on ultimate implementation. And yet, the administration’s new 2025 proposed rule goes even further than Sackett’s draconian definition, excluding many types of headwaters, tributaries, and ephemeral or intermittent streams and water bodies from WOTUS jurisdiction as well.

EPA’s own analysis estimates that only 19 percent of the nation’s existing nontidal wetlands would fall under WOTUS jurisdiction if the 2025 rule is codified as proposed, while other studies find this number could range from 9 percent to 0 percent. The potential impact on other headwaters, tributaries, and ephemeral water bodies remains to be evaluated.

By excluding all waters but those with continuous surface connections and which abut water bodies, the proposed rule would improperly exclude from federal jurisdiction many discharges that are functionally equivalent to discharges into jurisdictional waters. The ecology of these important water bodies is inextricably tied to the water quality of traditionally navigable waters. These water bodies are the capillaries and kidneys of the nation’s watersheds; when they are polluted or filled in, harm flows downstream in the form of higher nutrient, sediment, and toxi[n] loads, all of which cumulatively degrade water quality throughout watersheds. This means more flooding, more harmful algal blooms, and less filtration of pollutants. The new definition would also absolve upstream polluters from the obligation to adopt responsible prevention measures, and would instead shift the burden of managing pollution, flood, and drought onto the shoulders of those who work and live downstream.

The administration’s proposed rule would cause EPA and USACE to fail to meet Congress’s mandate, and Administrator Zeldin’s stated primary objective: to maintain clean water for all Americans.

We all drink and use water. Municipal water utilities and their ratepayers—the American people—will disproportionately bear the economic burden of remediating the poorer quality water this rule will cause. Moreover, flood risk management and disaster response services will become increasingly overburdened from the compounding impacts of cumulative upstream watershed degradation. The proposed rule considers benefits to developers yet makes no attempt to estimate or compare those theoretical benefits to the other costs to society from the degradation that will occur to drinking water sources and aquatic ecosystems across the country. Further, this new rule jeopardizes wetlands and wildlife habitat that many Americans enjoy for outdoor recreation and wildlife watching.

EPA stated in the announcement of this proposed rule “support[s] the role of states and tribes as primary regulators managing their own land and water resources.” Yet states are not helped by the federal government’s abdication of its statutory responsibilities. Because of EPA’s abandonment of responsibility to protect clean water, more of the onus will fall on the states to enforce state-level protections of clean water—protections which can vary greatly state-by-state. States will be forced to pick up the slack, which runs the risk of straining state budgets and environmental enforcement resources.

As proposed, the 2025 draft WOTUS rule ignores science, removes vast swaths of aquatic areas from federal jurisdiction, fails to protect water quality, and passes the costs on to the American taxpayer. It does not simplify the ability of the agency to identify jurisdictional waters. There are reasonable policies we could pursue to simplify permitting and create union jobs in this country, but this proposed rule does not represent a viable path forward. We urge you to immediately abandon this unnecessary and statutorily unfaithful rulemaking that will harm public health, and to instead refocus your efforts on protecting the American people’s right to clean and safe water.

 

Banner Image: Tariff graphic.  Image Credit – Sen. Gillibrand