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EPA to revise WOTUS rule

On March 12, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that EPA will work with the United States Army Corps of Engineers (Corps) to deliver on President’s Donald Trump’s promise to review the definition of “waters of the United States,” or WOTUS.

According to an EPA press release, the agencies will move quickly to ensure that a revised definition follows the law, reduces red-tape, cuts overall permitting costs, and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution.

“We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” said EPA Administrator Zeldin.

American Farm Bureau Federation (AFBF) President Zippy Duvall, who attended the announcement, applauded the move.

“Farm Bureau appreciates the Environmental Protection Agency for taking a step toward providing clarity in how farmers and ranchers should comply with the Waters of the U.S. rule,” Duvall said. “The Supreme Court clearly ruled, almost two years ago, that the government overreached in its interpretation of what waters fell under federal jurisdiction, but inaction and vague implementation guidelines by EPA led to permitting delays, litigation and uncertainty. I'm pleased that EPA Administrator Zeldin has listened to the concerns of farmers and is making strides toward getting rid of the guesswork. The foundation he laid today is the first step toward creating clear WOTUS implementation guidelines, which will help farmers protect the environment while ensuring they can grow the food America’s families rely on.”

The previous definition of WOTUS, Zeldin said, “placed unfair burdens on the American people and drove up the cost of doing business. Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs, and families.”

The definition of WOTUS guides Clean Water Act implementation, including whether farmers, landowners and businesses must secure costly permits before they can pursue a project.

The EPA indicated it will seek targeted information on the key challenges that Americans are facing. The agency will also undertake a rulemaking process to revise the 2023 definition of “waters of the United States” with a focus on clarity, simplicity and improvements that will stand the test of time. While this rulemaking process takes place, the agency will provide guidance to those states implementing the pre-2015 definition of “waters of the United States” to ensure consistency with the law of the land.

The EPA said its review will be guided by the Supreme Court’s decision in Sackett v. Environmental Protection Agency, which stated that the Clean Water Act’s use of “waters” encompasses only those relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes. The Sackett decision also clarified that wetlands would only be covered when having a continuous surface connection to bodies of water that are “waters of the United States” in their own right. 

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