EPA Proposes Revisions to Waters of the United States Definition

The Environmental Protection Agency and the Department of the Army have proposed revisions to the definition of Waters of the United States, known as WOTUS. This move follows a Supreme Court ruling in 2023 that determined wetlands must have a clear connection to navigable waters to receive federal protection under the Clean Water Act.

The agencies aim to create a clear, durable definition that aligns with the court's decision and provides guidance to landowners, farmers, and local governments, as explained by EPA Secretary Lee Zeldin and Assistant Secretary of the Army Adam Telle.

They emphasized that the revisions would help clarify which waters fall under federal jurisdiction, stating that the proposed rules focus on relatively permanent bodies of water, such as streams and lakes, and wetlands that are connected to these waters.

Zeldin noted that the revisions would incorporate terminology familiar to locals, such as 'wet season,' to help determine WOTUS eligibility. This proposal also includes a new exclusion for groundwater and revisions related to certain ditches and waste treatment systems.

However, the proposed changes have raised significant concerns among environmental groups. Critics argue that the revisions could lead to the degradation of isolated wetlands, which are vital for stormwater management and ecological health.

North Carolina Coastal Federation's Kerri Allen warned that the proposed rollbacks might result in irrevocable damage to coastal ecosystems, while the Southern Environmental Law Center highlighted potential catastrophic effects on communities already facing flooding and water quality issues.

The League of Conservation Voters criticized the proposal as a giveaway to corporate interests that could jeopardize local drinking water and recreation sources. They voiced concerns that the new rule could leave wetlands without necessary protections, exacerbating flooding risks and undermining local habitats.

The proposed changes come after a turbulent history of WOTUS definitions, which have seen multiple revisions over the past five decades due to litigation and political shifts. The public comment period will open once the proposal is published in the Federal Register, allowing stakeholders to voice their opinions on the changes.

Environmental advocates are urging the administration to strengthen protections rather than weaken them, given the recent Supreme Court decision that has already narrowed federal oversight of wetlands.

The outcome of this proposal will significantly impact environmental policy and conservation efforts across the United States as it seeks to balance regulatory clarity with the need for robust water protections.