Trump Administration Set to Propose New Clean Water Act Rule, Rolling Back Wetlands Protections
The Trump administration is preparing to propose a new Clean Water Act rule that may eliminate federal protections for many wetlands across the United States, according to an internal EPA presentation obtained by POLITICO’s E&E News.
“Under the proposed rule, the federal government would regulate wetlands only if they meet a two-part test: They would need to contain surface water throughout the ‘wet season,’ and they would need to be abutting and touching a river, stream or other water body that also flows throughout the wet season,” the presentation said.
This rule change comes in response to the 2023 Supreme Court decision in Sackett v. EPA, which limited the scope of federally protected wetlands under the Clean Water Act. In that ruling, the Court held that only wetlands with a “continuous surface connection” to a “relatively permanent” body of water are covered by the law.
The proposed revision is expected to significantly narrow the number of wetlands that require federal oversight and permitting.
“Fewer wetlands permits would be required under the new language,” according to a slide from the presentation, which was confirmed by two EPA staffers who were briefed on the rule.
If finalized, the new rule would mark a major shift in U.S. environmental policy, potentially impacting land development, agriculture, and conservation efforts across the country. The two-part test requiring seasonal surface water and physical connection to a flowing body of water could exclude millions of acres of wetlands that do not meet the new criteria.
Environmental groups are expected to challenge the rule, arguing it undermines decades of wetland protection efforts. Industry advocates, on the other hand, may welcome the change as a reduction in regulatory burden.
The EPA has not publicly commented on the proposed rule yet, but the internal presentation suggests a formal announcement is imminent.
As the Trump administration continues to revise federal water policy in line with the Sackett v. EPA ruling, stakeholders in environmental, agricultural, and development sectors are preparing for another round of legal and political debate over the future of America’s wetlands.