Proposed Revision of Waters of the United States (WOTUS) Rule

proposed

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have proposed a rule revising the definition of "waters of the United States" (WOTUS) to narrow federal jurisdiction over certain waters and wetlands. The rule aims to provide greater clarity and predictability for federal agencies, states, tribes, landowners, developers, farmers, and industry, in compliance with the Supreme Court's 2023 decision in Sackett v. EPA. The proposed rule limits federal jurisdiction to relatively permanent waters and wetlands with continuous surface connections, excludes certain waters like groundwater and ditches, and is expected to reduce permitting delays and compliance burdens.