Full Breakdown
Trump Administration Proposes New Definition of Waters of the United States
11/18/2025, 12:50:30 PM
Overview of the Proposed Rule
On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army unveiled a proposal to redefine "waters of the United States" (WOTUS) under the Clean Water Act. This initiative follows the Supreme Court's ruling in *Sackett v. EPA* (2023), which limited federal jurisdiction over wetlands and waterways. The proposed rule aims to clarify the scope of federal authority while addressing concerns from various stakeholders, including farmers, landowners, and environmental groups.
Key Features of the Proposal
The proposed definition emphasizes "relatively permanent" bodies of water and requires that wetlands must have a "continuous surface connection" to navigable waters to qualify for federal protections. Key revisions include:
- Definitions: Terms such as "relatively permanent," "continuous surface connection," and "tributary" are clearly defined to delineate WOTUS.
- Exclusions: The proposal includes exclusions for certain ditches, prior converted cropland, waste treatment systems, and groundwater.
- State and Tribal Authority: The rule aims to strengthen state and tribal decision-making authority while recognizing their expertise in local land and water management.
The proposal is positioned as part of the EPA's "Powering the Great American Comeback" initiative, intended to provide regulatory certainty and support economic growth.
Official Statements & Responses
EPA Administrator Lee Zeldin stated, “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.” He emphasized that the new rule would alleviate the regulatory burden on landowners, allowing them to understand their obligations without needing legal counsel.
The American Farm Bureau Federation expressed support, with President Zippy Duvall noting that the proposal addresses concerns about government overreach in previous interpretations of WOTUS. Similarly, the National Cattlemen’s Beef Association welcomed the changes, stating that the new definition would relieve farmers from excessive federal regulation.
Criticism & Opposition
Environmental groups have voiced strong opposition to the proposed rule, arguing that it undermines protections for wetlands and small streams. Will McDow, Vice President of the Environmental Defense Fund, criticized the proposal as “not based in science” and warned of potential risks to drinking water and critical habitats. The National Wildlife Federation's Jim Murphy echoed these concerns, stating that the rollback of protections could lead to higher water treatment costs and increased pollution.
Conflicting Reports & Gaps
While the EPA anticipates that the proposed rule will reduce the number of permits required under the Clean Water Act, critics argue that this could lead to significant environmental degradation. Some experts, like Royal Gardner, noted that the proposal represents a moderate approach compared to what could have been enacted, suggesting that it may not fully satisfy either side of the debate.
What's Next
The proposed rule will be published in the Federal Register, opening a 45-day public comment period. The EPA and the Army Corps of Engineers plan to hold two public meetings to gather feedback before finalizing the rule. The outcome of this proposal could have lasting implications for water quality management and regulatory practices across the United States.
