The Environmental Protection Agency (EPA) is advancing a final rule redefining Waters of the United States (WOTUS), marking a significant step in federal water regulations. EPA Administrator Lee Zeldin announced that the public comment period has concluded and the agency is now working toward a durable and simplified Waters of the United States definition that complies with the Supreme Court’s ruling in Sackett v. Environmental Protection Agency.
Speaking with Politico during the Munich Security Conference, Zeldin underscored the administration’s focus on regulatory certainty for farmers, ranchers, and landowners affected by Clean Water Act jurisdiction. The Sackett Supreme Court decision narrowed the scope of federal authority over wetlands and other waterways, reshaping how the EPA interprets federal water regulations.
Administrator Zeldin said, “And our goal is to come up with the simplest, most durable, prescriptive definition of Waters of the United States following the Supreme Court definition of certainty. Right now, you’re in a situation where landowners, farmers, ranchers have to go out and pay a lawyer or consultant to tell them whether or not there’s a Water of the United States on their property. They shouldn’t have to hire or pay somebody to tell them whether or not there’s a water on their property that’s subject to federal jurisdiction. In some areas, like Alaska, there is a pretty substantial unique issue there with permafrost. You have issues where in the southwest U.S., you have dry land for most of the year, but then they’ll get hit for 90 days. But then you could go to Louisiana where basically it’s always wet season. And we got a lot of unique feedback from throughout the country, different states, different regions. We want to be able to get it right. And it’s important to note that just because the federal government might not be regulating a particular waterway doesn’t mean it’s not regulated. There are a lot of states that they know their waterways best, they know their land best. We want to work with them. And we want to trust that they know how to lead their state better than some bureaucrat in Washington.”
Zeldin also wrote on X, “The Trump EPA will soon be finalizing a key action to provide farmers, landowners, and ranchers much needed certainty by delivering a definition of Waters of the United States (WOTUS) that is simple, prescriptive, durable, follows the Supreme Court ruling in Sackett, and stands the test of time.”
The forthcoming EPA WOTUS rule is expected to reshape Clean Water Act enforcement nationwide. By aligning federal water regulations with the Sackett decision, the agency aims to reduce compliance costs, clarify landowner water rights, and strengthen state authority over local waterways while ensuring environmental protection standards remain in place.
Audio Reporting by Dale Sandlin for Southeast AgNet.