Some wetlands and streams in Greater Cincinnati could lose federal protections under a new rule proposed by the U.S. Environmental Protection Agency.
In mid-November, the EPA and Army Corps of Engineers announced a proposal for a new definition of the waters of the United States, limiting what qualifies for protection under the Clean Water Act.
Wetlands and streams that are seasonal or intermittent would no longer be protected under the new definition.
The EPA says it’s implementing the Supreme Court’s decision in the 2023 Sackett v. EPA case, which narrowed the scope of the Clean Water Act and the agency’s ability to regulate wetlands.
Environmental groups say the proposed change would hurt water quality, increase the risk of pollution and leave ecosystems vulnerable to destruction.
“Removing protections from this vast swath of water bodies in our watershed, and nationwide, could really have a devastating impact,” said Dave Schmitt, executive director of the Mill Creek Alliance.
He says the main stem of Mill Creek is protected under the Clean Water Act and would remain so if the rule went into effect. But some tributaries and other waters could see that protection rolled back. They include wetlands along the Mill Creek in West Chester Township in Butler County and portions of Sharon Creek and Cooper Creek.
“The water that comes down through those intermittent streams, ephemeral streams, that gets filtered through the wetlands — that is an absolutely vital function that helps keep the water in Mill Creek clean and provides habitat for fish and macroinvertebrates, all the little crawdads and bugs that are on the bottom of the stream that are the base of the food chain,” Schmitt said.
For the past 30 years, the Mill Creek Alliance has been working to restore the waterway and decrease pollution.
Schmitt says the recovery of the Mill Creek would not have been possible without the protection of the Clean Water Act, and the government enforcing it. He says he’s worried the proposed rule would set back progress.
“It seems a shame to take a huge environmental success story and to put it at risk,” Schmitt said. “That's true not just for Mill Creek and the Mill Creek watershed. That's true for any number of streams nationwide that are under threat because of this proposed rule.”
The EPA says its proposal would cut red tape and provide clarity for businesses, farmers and energy producers.
The proposed rule is currently open for public comment through Jan. 5, 2026. Comments can be submitted online at regulations.gov.
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