State water protections aren’t working, conservative firm says

By Miranda Willson | 07/20/2026 01:37 PM EDT

Pacific Legal Foundation is pushing legislation to prohibit expansive state water regulations. New research from the firm seeks to bolster that effort.

Damien Schiff (front right) departs the U.S. Supreme Court

Pacific Legal Foundation Senior Attorney Damien Schiff departs the U.S. Supreme Court after representing Chantell and Mike Sackett during oral arguments on Sackett v. EPA on Oct. 3, 2022. Francis Chung/POLITICO

The libertarian law firm that helped convince the Supreme Court to shrink the scope of the Clean Water Act is now turning its attention to state water regulations.

Pacific Legal Foundation is out with a new report arguing that states with more protective water rules are not seeing significant improvements in water quality.

The firm hopes the findings will bolster its effort to convince more states to adopt their proposed “Waters of the State Act,” model legislation designed to prohibit state environmental agencies from regulating wetlands and streams no longer covered by federal law.

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Known for frequently challenging environmental regulations, Pacific Legal Foundation represented landowners at the center of one of the Supreme Court’s most significant recent environmental cases, Sackett v. EPA. In the 2023 decision, the court ruled 5-4 in favor of a narrower interpretation of the Clean Water Act, resulting in large swaths of wetlands and streams losing federal protections.

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