The EPA and Army Corps of Engineers are proposing to substantially reduce the scope of water bodies protected under the Clean Water Act (CWA). The impact on Tribal Nations will be immediate and, in some cases, potentially severe. Join the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF) for a critical discussion on the proposed regulatory revisions to the “Waters of the United States” (WOTUS) definition. The resulting definition threatens to strip federal protection from streams and wetlands vital to Tribal reserved rights including hunting, fishing, and gathering by eliminating key jurisdictional standards. This webinar will provide Tribal leaders, legal counsel, and environmental staff with an analysis and commentary of the proposed rule, which attempts to codify the Supreme Court’s 2023 ruling in Sackett v. EPA, and also answer questions about the proposed rule and offer ideas about how Tribal Nations can participate in the comment process and monitor the proposal moving forward.
Event Details
Date: Tuesday, December 9th
Time: 12 pm PT / 3 pm ET (1hr long)
Hosted By: NARF & NCAI
Comment Deadline: The public comment period closes on January 5, 2026.
What You Will Learn
This session is designed to help equip Tribal governments and stakeholders with the knowledge needed to submit effective, legally sound comments before the deadline. We will cover:
- The Proposed WOTUS Standard: A legal and policy deep dive into the new interpretation of WOTUS, focusing on the narrow “relatively permanent” and “continuous surface connection” tests.
- Threat to Tribal Sovereignty and Reserved Rights: How the shrinking federal jurisdiction shifts regulatory burden onto Tribal Nations and undermines the federal trust responsibility to protect waters necessary for Tribal reserved uses.
- The Comment Strategy: Guidance on drafting and submitting formal institutional comments that assert Tribal governmental authority and articulate the impact of the rule on environmental programs..
Featured Panelists
Our experts will offer legal, technical, and Tribal perspectives on the profound implications of this rulemaking. Daniel Cordalis (NARF) will facilitate the discussion.
- Ken Norton, Hoopa Valley Indian Tribe (Expert on Tribal Water Management)
- Janette Brimmer, Attorney, Earthjustice (Clean Water Act Expert)
- Donna Downing, National Association of Wetlands Managers (Technical and Policy Expert)
Join NCAI and NARF in this critical partnership. Register now to coordinate your efforts with national Tribal advocacy and legal strategies.
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