The seemingly never ending battle to bring reasonable rules to the definition of “Waters of the United States” (WOTUS) took a positive turn when EPA Administrator Lee Zeldin announced that the agency had worked with the Army Corps of Engineers on new guidance clarifying the WOTUS definition to comport with the U.S. Supreme Court’s Sackett decision. In 2023 the court voted 5-4 that not all wetlands should be considered a water of the United States and therefore subject to the regulations implementing the Clean Water Act. Zeldin also announced a comment period to solicit input for developing a final rule.
EPA’s move is the latest twist in the long history of WOTUS. The Obama administration vastly expanded the scope of federal Clean Water Act jurisdiction over waters and wetlands jurisdiction, only to be narrowed in the first Trump administration. Former President Joe Biden re-expanded the scope of WOTUS in early 2023, but narrowed it later that year in a rule that was finalized without public comment to address the Sackett decision.
Zeldin said the agencies will move quickly to ensure that a revised definition follows the law and thereby reduces red-tape, cuts overall permitting costs, and lowers the cost of doing business in communities across the country. Zeldin said it is time for EPA to finally address this issue once and for all in a way that provides American farmers, landowners, businesses, and states with clear and simplified direction.
Agriculture Secretary Brooke Rollins showed support for the initiative saying that, “Farmers and ranchers are the best stewards of the land and need water regulations that are clear and practical, not burdensome.” Senate and House leadership also expressed their support and called for quick action in adopting more reasonable regulations.