EPA and Army Corps propose new WOTUS definition for water protections

The Environmental Protection Agency (EPA) and the Army Corps of Engineers have issued a supplemental proposal to redefine “waters of the United States” (WOTUS). This regulatory change aims to establish a more durable definition of which streams, wetlands, and waterways receive federal protection under the Clean Water Act, adhering to the Supreme Court’s ruling in Sackett v. EPA.

The proposal introduces a “relatively permanent” test, which would require a waterway to hold water every day of the year under normal conditions to qualify for federal protection. Under this standard, wetlands would only maintain protection if they connect directly to a water body that meets this daily-flow requirement. While the proposal includes a drought provision that maintains protections for up to five years during dry periods, critics argue the rule will significantly impact regions with intermittent streams, such as the arid West.

Environmental advocates have characterized the move as a major rollback that could eliminate protections for thousands of miles of waterways and freshwater wetlands. Conversely, administration officials, including EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, stated the action is intended to reduce bureaucratic red tape, provide regulatory certainty for landowners, and respect the management rights of states and Tribes.