USEPA and US Army Corps of Engineers have issued the 2025 proposed redefinition of Waters of the United States (WOTUS). This rule determines what waterbodies are subject to the federal Clean Water Act. The proposed definition attempts to align the rule with the Supreme Court’s 2023 decision in Sackett v. EPA.
Notably, the definition incorporates a new two-part test to determine what wetlands are federally regulated, which includes a requirement for the wetland to contain surface water during the wet season. Portions of wetlands that do not support inundation, including saturated soils derived from groundwater, would not be considered adjacent. This will result in a reduction in wetlands that are federally jurisdictional.
The proposed rule will be open for a 45 day public comment period.
Please feel free to contact Vince Messerly at vmesserly@streamandwetlands.org or Greg Snowden at gsnowden@streamandwetlands.org with any questions.
More information here: https://lnkd.in/gGs3JYkm
https://www.epa.gov/system/files/documents/2025-11/updated_definition_wotus_nprm.pdf