WOTUS Proposed Rule Comment Period Ends January 5, 2026

The Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Corps") recently published a proposed rule updating the definition of "waters of the United States" ("WOTUS"). This alert briefly describes the proposed changes, why it matters, and next steps.

Background

The Clean Water Act ("CWA") has jurisdiction over WOTUS. How WOTUS is defined dictates the breadth of federal water regulation. Throughout the years, the definition of WOTUS has changed with presidential administrations. In a previous alert, we discussed rule changes issued in 2015, by the Obama administration. In 2018, the first Trump administration issued a rule changing the applicability date of the 2015 rule. The goal was to provide time to write a new rule before the new applicability date. Then in 2019, the Trump administration issued a rule repealing the 2015 rule and reinstating the old 1986 rule. The Biden administration broadened the definition of WOTUS in its 2023 rule.