EPA And Army Corps Announce Proposed WOTUS Rule: Key Updates

On November 20, 2025, the EPA and U.S. Army Corps of Engineers (the agencies) issued proposed revisions to the regulatory definition of "waters of the United States" (WOTUS), a term that outlines the scope of the Clean Water Act's (CWA) jurisdiction. Updated Definition of ''Waters of the United States,'' 90 Fed. Reg. 52498. The proposed rule seeks to align the WOTUS definition with the Supreme Court's May 25, 2023, decision in Sackett v. EPA and resolve certain implementation-related issues, most notably defining "relatively permanent" and "continuous surface connection," both of which are specifically used in the Sackett decision to limit CWA jurisdiction.

In September 2023, the agencies published a final rule that amended the regulations defining WOTUS in response to the Supreme Court's Sackett decision. As a result of the final rule, jurisdictional waters, with certain listed exclusions, are now: (1) traditional navigable waters, territorial seas, interstate