On Monday, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works, Adam Telle, unveiled a proposed rule that would establish a clear, durable, common-sense definition of “waters of the United States” (WOTUS) under the Clean Water Act. The proposal aims to bring Clean Water Act protections for waters and wetlands in line with the US Supreme Court’s 2023 ruling in Sackett v. EPA, which reduced the scope of federal jurisdiction over waters and wetlands. The Biden administration issued a rule conforming to Sackett, but the EPA says this proposed rule is more in line with the ruling.
If finalized, the rule would reverse the Biden administration’s definition of WOTUS, continuing a nearly two-decade tradition of each new president updating the terms of federal waterway protections. The public will have 45-days to comment on the proposal.
“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,” EPA Administrator Lee Zeldin said in a statement.
