EPA, Army Corps Propose Streamlined WOTUS Rule Aligned with Supreme Court Guidance
Plan aims to solidify a narrower, litigation-resistant definition of federal waters while expanding state authority and reducing permitting uncertainty
The EPA and the Army Corps of Engineers unveiled a proposed rule redefining “waters of the United States” (WOTUS) under the Clean Water Act, marking the Trump administration’s latest effort to establish a clear, durable standard following the Supreme Court’s Sackett decision.
Announced by EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, the proposal is framed as a balance between protecting core water resources and providing long-awaited regulatory certainty for farmers, energy producers, developers, and landowners.
The agencies said the rule was shaped by extensive public and stakeholder feedback — including nine listening sessions and consultation with states, tribes, and local governments — and seeks to correct what they described as the Biden Administration’s overly expansive and unlawful 2023 definition.
Key elements of the proposed rule include:
- Clear definitions of “relatively permanent,” “continuous surface connection,” and “tributary” in line with Supreme Court precedent.
- Jurisdictional tributaries must connect to traditional navigable waters directly or through features with consistent and predictable flow.
- Wetlands jurisdiction limited to areas physically touching jurisdictional waters and maintaining surface water long enough to be indistinguishable from those waters.
- Strengthened state and tribal authority through clearer federal boundaries and recognition of local land- and water-resource expertise.
- Preserved exclusions, including for certain ditches, prior converted cropland, and waste treatment systems—plus a new exclusion for groundwater.
- Use of regionally familiar terms like “wet season” to help determine when waterbodies qualify as WOTUS.
EPA says the final rule will cut red tape and deliver predictability across major sectors of the economy by establishing consistent permitting expectations nationwide.
Administrator Zeldin emphasized that past Democratic administrations “weaponized” the definition of navigable waters and left landowners uncertain about compliance obligations. He said the new proposal fulfills President Trump’s direction to protect clean water while reducing unnecessary regulatory burdens and empowering state regulators.
The proposed rule focuses federal jurisdiction on relatively permanent waters — rivers, lakes, streams, oceans — and wetlands that are physically connected to them. Seasonal variability is considered, with uninterrupted flow during wetter months included in the definition of “relatively permanent.”
The agencies say the approach restores cooperative federalism, giving states and tribes primary responsibility for managing local resources while ensuring federal protections apply only where appropriate. EPA and the Army Corps plan to move quickly toward a final rule after reviewing public comments.
The proposal will appear in the Federal Register and remain open for public comment for 45 days. Two hybrid public meetings are planned, with details available on EPA’s website.
