The Environmental Protection Agency (EPA) announced Monday a proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The move, unveiled by EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, aims to provide regulatory certainty, promote economic opportunity, and reinforce state sovereignty.
The proposed definition is explicitly designed to align WOTUS with the Supreme Court’s May 2023 ruling in Sackett v. EPA, replacing the Biden-era definition that drew significant criticism from several states and members of Congress.
WOTUS defines the bodies of water subject to federal jurisdiction under the CWA, influencing the permitting process for farmers, landowners, and businesses whose projects may impact surface water quality. The proposed rule would interpret key terms like “relatively permanent,” “continuous surface connection,” and “tributary” to reflect the Supreme Court’s narrowed scope.
“When it comes to the definition of ‘waters of the United States,’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” Zeldin stated. “No longer should America’s landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a Water of the United States is on their property.”
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The EPA argues the redefinition is a “common sense update” intended to “get it right” and establish a “durable” rule after years of regulatory uncertainty and shifting definitions between administrations.
The agency stated that the proposed definition would fully implement the Sackett court’s direction by focusing on:
- Relatively permanent, standing, or continuously flowing bodies of water—such as streams, oceans, rivers, and lakes.
- Wetlands that are connected and indistinguishable from such water bodies.
This approach is intended to cut “red tape” and provide predictability for American industry, farmers, ranchers, and landowners. According to the EPA, the previous administration’s definition failed to faithfully implement the Sackett holding.
Assistant Secretary Telle announced the news alongside Administrator Zeldin at EPA headquarters. The Administrator noted that the WOTUS issue was the most frequently raised concern during his 50-state tour.
The EPA stressed that this is still a proposal, and the agency is initiating a 45-day public comment period.
The agency also noted that the proposed rule supports “cooperative federalism,” allowing states and tribes to guard their resources as they see fit and affirming their role as primary regulators. The CWA itself does not clearly define WOTUS, leaving the EPA and the Army Corps to do so through regulation, which has led to persistent legal and political disputes. The EPA will host two hybrid public meetings to gather input on the proposal.
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