WOTUS Overhaul: Clean Water, New Rules
The EPA and the US Army Corps released a proposed new definition of “Waters of the United States” (WOTUS) on November 17, 2025, marking yet another major shift in how federal jurisdiction is asserted under the Clean Water Act. Once a strict framework for protecting wetlands and streams, the proposed definition now aims to balance water protection with accelerated growth and economic opportunity. This change responds directly to the Supreme Court’s Sackett v EPA decision.
Key takeaways from the proposed definition:
Revisions to key definitions:
- “Relatively permanent waters”: only includes bodies of surface water that are standing and continuously flowing “year-round or at least during the wet season”, e.g., lakes or rivers
- “Continuous surface connection” for wetlands: wetlands must physically touch a regulated water body to qualify
- “Tributaries”: must connect to navigable water body, directly or through other connected features
New and clarified exclusions proposed:
- Intrastate lakes or ponds or interstate waters unless otherwise jurisdictional (per above)
- Groundwater
- Waste treatment systems
- “Prior converted” farmland and certain ditches
Why this matters:
- Landowners, agriculture, and businesses: Greater predictability and fewer permitting hurdles
- States and Tribes: Enhanced authority to shape local water regulations
- Environmental Advocates: Concern that protections—especially for wetlands lacking clear connections—are weakened
Next steps:
The proposed new definition is now open for public comment, and the EPA will hold public meetings to gather input. For support in reviewing the proposal or preparing and submitting a comment, please contact Meyers Nave. Stay tuned for how this rule ultimately lands.