EPA outlines narrower WOTUS definition with updated exclusions

The U.S. Environmental Protection Agency (EPA) and the U.S. Army released a proposed waters of the United States (WOTUS) rule this week, outlining a more “clear, durable, common-sense” definition of federally regulated waters under the Clean Water Act. The proposal follows the Supreme Court’s Sackett decision and reflects the Trump Administration’s policy direction.

Announced at EPA headquarters in Washington, D.C., the proposal defines key terms—such as “relatively permanent,” “continuous surface connection,” and “tributary”—to narrow federal jurisdiction and provide more predictability for landowners. The rule also reaffirms that wetlands must be “indistinguishable from jurisdictional waters through a continuous surface connection,” meaning they must touch a jurisdictional water and hold surface water for a sufficient duration each year.

This story originally ran as "EPA, Army propose new WOTUS definition aimed at clarity and regulatory certainty" on Stormwater Solutions, and EndeavorB2B partner site.