EPA Moves to Update Definition of Waters of the United States

WASHINGTON — The Environmental Protection Agency (EPA) announced on Monday that it plans to revise the definition of Waters of the United States (WOTUS). The agency highlighted durability, economic opportunities, and national sovereignty as key reasons for this update.

This announcement took place at EPA headquarters in Washington, D.C. The proposed changes aim to align the WOTUS definition with the Supreme Court’s May 2023 ruling in Sackett v. EPA, which overhauls the revised definition established by the Biden administration and the Army early in 2023. This has sparked excitement among some state and parliamentary members. It’s worth noting that former President Joe Biden previously vetoed a bipartisan bill in April 2023 that sought to narrow down the agency’s interpretation of WOTUS. Meanwhile, the Trump administration has been actively adjusting the rule’s terms for several months.

The term “America’s Waters” refers to bodies of water that influence the permitting processes for farmers, landowners, and businesses that may affect surface water quality, according to the EPA. Assisting in this announcement were Adam Tell, Assistant Secretary of the Army for Civil Engineering, and EPA Administrator Lee Zeldin.

“When defining ‘America’s waters,’ the EPA has a responsibility to create clear and practical rules that promote economic growth while ensuring water resource protection,” Zeldin stated. He asserted that past Democratic administrations have misused the definition of navigable waters to gain power from farmers, landowners, and families across the nation. He emphasized that it shouldn’t be necessary for landowners to hire expensive legal help just to determine if their property has any waters deemed American.

The EPA explained that their proposed definition would interpret terms like “relatively permanent,” “continuous surface connection,” and “tributary” in consistency with the Clean Water Act (CWA) and Supreme Court rulings.

Zeldin noted that he has visited all 50 states as EPA administrator and has found WOTUS to be one of the most challenging issues. He insisted that the redefinition is a sensible update, aiming to “get it right” without drastically shifting the direction of the rules.

As of now, this proposal is in its early stages, with a 45-day public comment period about to start.

The agency contends that these updates are meant to provide “regulatory certainty” for U.S. farmers while balancing environmental protection and reducing bureaucratic obstacles. It also claims that states and tribes would still have the power to safeguard their resources as necessary.

Some states are reportedly reverting to the WOTUS regulations that existed before 2015 due to ongoing litigation. According to the EPA, since the CWA does not give a precise definition of “waters of the United States,” the agency, alongside the Army, is responsible for establishing this through regulation.

Continuing, Zeldin affirmed that the EPA is following through on President Trump’s promise to finalize a revised WOTUS definition aimed at protecting navigable waters from pollution, empowering states, and fostering economic growth.

The agency also indicated that it had conducted meetings with tribal, state, and local governments regarding the proposed changes.

According to the EPA, the proposed WOTUS definition would enhance water quality by confirming federal protections when needed, while also supporting states and tribes as the primary regulators of their resources.

The agency criticized the previous Biden administration’s definition of WOTUS, claiming it didn’t adhere to the law or implement the Supreme Court’s directives adequately. Zeldin and the Army Corps are said to have acted swiftly, marking this proposal as a step toward establishing a sensible and lasting definition.

The proposed definition focuses on bodies of water that are relatively permanent or continuously flowing—these include streams, rivers, oceans, lakes, and adjacent wetlands. If finalized, the new rule is expected to simplify the Clean Water Act permitting process for a wide range of stakeholders, from farmers to energy producers.

This proposal will be open for public commentary for 45 days, with the EPA planning to conduct two hybrid public meetings.