Trump admin to wash away Biden-era water rule after years of contentious debate

WASHINGTON — The Environmental Protection Agency (EPA) announced Monday that it is moving to update the definition for the “waters of the United States” (WOTUS) rule, citing durability, economic opportunity and state sovereignty.

Unveiled at EPA headquarters in Washington, D.C., the agency said the proposed rule aligns the WOTUS definition with the Supreme Court’s May 2023 Sackett v. EPA ruling, replacing the Biden-EPA and the Army’s Amended 2023 definition that agitated several states and members of Congress. Though former President Joe Biden vetoed a bipartisan bill that would have limited the agency’s broad WOTUS interpretation in April 2023, the Trump administration has worked for months to refine the rule’s parameters.

“Waters of the United States” refers to bodies of water that are subject to federal jurisdiction under the Clean Water Act (CWA), and its definition influences the permitting process for farmers, landowners and businesses before they “pursue projects that might impact surface water quality,” according to the EPA. Adam Telle, the Assistant Secretary of the Army for Civil Works, announced the news alongside EPA Administrator Lee Zeldin.

“When it comes to the definition of ‘waters of the United States,’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” Zeldin said in a statement Monday. “Democrat Administrations have weaponized the definition of navigable waters to seize more power from American farmers, landowners, entrepreneurs, and families. We heard from Americans across the country who want clean water and a clear rule. No longer should America’s landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a Water of the United States is on their property.”

Another victory for common sense! The Trump EPA just released a new proposed definition of “Waters of the United States” that, if finalized, would deliver the clarity farmers, ranchers, and landowners have been begging for. This definition follows the Supreme Court ruling in…

— Lee Zeldin (@epaleezeldin) November 17, 2025

If the agency gets its way, the WOTUS definition will interpret terms like “relatively permanent,” “continuous surface connection,” and “tributary” in line with the CWA and the Supreme Court precedent, according to the agency.

Zeldin noted that during his 50 state tour as the EPA administrator, no issue came up more than WOTUS. The administrator argued the redefinition is a common sense update intended to “get it right” that will not “swing the pendulum” dramatically in a different direction.

Zeldin stressed during the announcement that this is a still a proposal as the agency begins its 45 day public comment period.

The EPA argued these changes provide “regulatory certainty” for American farmers and balance safeguarding the environment with minimizing red tape. The agency also argued the proposed rule allows states and tribes to guard their resources as they see fit.

Several states already conform to the pre-2015 WOTUS regulatory regime due to ongoing litigation, according to the EPA. The CWA does not clearly define “waters of the United States,” so the EPA and the Army do through regulation, according to the agency.

“EPA is delivering on President Trump’s promise to finalize a revised definition for WOTUS that protects the nation’s navigable waters from pollution, advances cooperative federalism by empowering states, and will result in economic growth across the country,” Zeldin continued.

The agency noted that it held nine meetings with tribes, states and local governments over the proposed changes.

“The proposed definition of WOTUS protects water quality by affirming federal protections where appropriate and supporting the role of states and tribes as primary regulators managing their own land and water resources,” the agency said Monday.

The agency argued that under the Biden administration, the “definition of WOTUS failed to follow the law and faithfully implement the Supreme Court’s holding in Sackett v. Environmental Protection Agency,” and that Zeldin and the Army Corps “took swift action,” arguing that this proposed rule “is the next step toward establishing a common-sense, durable definition.”

“The agency’s proposed definition of WOTUS would fully implement the court’s direction by focusing on relatively permanent, standing or continuously flowing bodies of water—such as streams, oceans, rivers, and lakes — and wetlands that are connected and indistinguishable from such waterbodies,” the agency said Monday. “When finalized, the rule will cut red tape and provide predictability, consistency, and clarity for American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners for permitting under the Clean Water Act.”

The proposed rule will be published for public comment for 45 days and the EPA and the Army will “host two hybrid public meetings,” according to the EPA.

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