Why Trump's WOTUS Pivot Could Unleash More Mining
November 19, 2025 - Mining companies seeking to dump dredge or fill material into nearby streams and waterways or dig up metals in sensitive headwaters will likely face fewer federal Clean Water Act restrictions under a proposal the Trump administration unveiled on Monday.
A draft rule from EPA and the Army Corps of Engineers would scale back the number of waterways and wetlands that fall under the federal government’s jurisdiction, in some cases leaving mineral- and coal-rich states — many with weaker protections — in charge.
In turn, fewer companies would be required to obtain permits under Sections 402 and 404 of the Clean Water Act before disposing of mining waste and byproducts into those waterways, said Mark Ryan, a former Clean Water Act attorney for EPA Region 10 who previously worked on mining projects.
“It’s likely more mines will be freed from 404 permitting requirements,” Ryan said.
The proposal marks significant regulatory shift that would likely to be amplified by President Donald Trump’s ongoing efforts to juice domestic mining of everything from copper in Arizona to coal in Appalachia. The administration has opened large swaths of public land to mining, fast-tracked permitting and even taken private equity stakes in companies to boost production.