EPA and Army Corps propose new WOTUS definition for wetlands

The U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers have released a supplemental proposal to redefine ‘waters of the United States’ (WOTUS), determining which streams and wetlands fall under the protection of the Clean Water Act.

The proposal follows the 2023 Supreme Court decision in Sackett v. EPA, which narrowed federal jurisdiction over wetlands. The new framework seeks to define ‘relatively permanent’ waters as those that typically hold or carry water year-round, allowing for temporary interruptions like droughts or brief dry spells. It also proposes a definition for ‘continuous surface connection,’ where a wetland connects to a federally regulated water so closely that the boundary is difficult to distinguish.

Stakeholders have responded with varying perspectives. The Louisiana Wildlife Federation expressed concerns that the proposal might overreach the Supreme Court’s mandate, noting that Louisiana holds approximately 40 percent of the coastal wetlands in the lower 48 states, which are vital to the seafood industry and migratory bird habitats. Conversely, the National Association of Home Builders (NAHB) has expressed support for the supplemental proposal, calling for a clear final rule to provide greater regulatory certainty for builders and landowners.