EPA to revise Waters of the US rules after Supreme Court Ruling

A stockpond - will not be subject to Waters of the US under revised rules
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  • The EPA plans to redefine “waters of the United States” (WOTUS).
  • The move follows the Supreme Court’s ruling in Sackett v. EPA.
  • The goal is to simplify permitting and reduce costs for businesses and landowners.

March 12, 2025 — The U.S. Environmental Protection Agency (EPA) has announced plans to revise the definition of “waters of the United States” (WOTUS), a key term under the Clean Water Act that determines federal jurisdiction over waterways. The decision, unveiled by EPA Administrator Lee Zeldin on March 12, 2025, comes in response to the U.S. Supreme Court’s ruling in Sackett v. EPA, which narrowed the scope of waters subject to federal oversight.

Zeldin stated that the agency will work with the U.S. Army Corps of Engineers to develop a new definition that aligns with the Court’s decision while reducing regulatory burdens. “We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” Zeldin saidOpens in a new tab.. “The previous Administration’s definition of ‘waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business.”

Impacts on Farmers and Businesses.

The WOTUS rule has long been a point of contention, particularly for farmers, ranchers, and landowners who argue that broad interpretations of the law have subjected them to costly and complex permitting requirements. U.S. Secretary of Agriculture Brooke Rollins voiced support for the revisions, stating, “Farmers and ranchers are the best stewards of the land and need water regulations that are clear and practical, not burdensome.”

The Supreme Court’s ruling in Sackett v. EPA clarified that only relatively permanent bodies of water—such as streams, rivers, and lakes—fall under federal jurisdiction. Wetlands will only be covered if they have a continuous surface connection to those water bodies. The revised rule aims to reflect this legal standard.

The EPA plans to engage with stakeholders, including state and local officials, landowners, and businesses, to gather input on how the revised rule should be structured. The agency will also issue guidance to states using pre-2015 WOTUS definitions to ensure regulatory consistency while new rules are developed.

Zeldin emphasized that the administration seeks to balance economic growth with environmental protection. “Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs, and families to help Power the Great American Comeback,” he said.

The upcoming rulemaking process will determine how federal water regulations will be enforced in the years ahead, shaping environmental policy and business operations across the country.

Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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