By Julie Tomascik
Editor

The Environmental Protection Agency (EPA) announced it will rewrite the Waters of the U.S. (WOTUS) rule under the Clean Water Act to comply with the U.S. Supreme Court’s ruling in Sackett v. EPA.

The ruling narrowed the federal government’s regulatory reach over waterways by reducing the scope of federally protected wetlands and streams under the Clean Water Act. The court overturned the “significant nexus” test and ruled that only wetlands with a continuous surface connection to navigable waters could be federally regulated.

Lee Zeldin, the new EPA administrator, said he will work with the Army Corps of Engineers to craft a rule that will eliminate uncertainty for farmers.

“We want clean water for all Americans supported by clear and consistent rules for all states, farmers and small businesses,” Zeldin said in a statement. “The previous administration’s definition of ‘Waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business. Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs and families to help Power the Great American Comeback.”

The rule is currently interpreted in different ways in different states.

Farmers, ranchers and agricultural groups, including the American Farm Bureau Federation (AFBF) and Texas Farm Bureau, have long criticized the broad interpretation of WOTUS, citing the confusion and undue regulatory burdens on private landowners.

“I’m pleased that EPA Administrator Lee Zeldin has listened to the concerns of farmers and is making strides toward getting rid of the guesswork,” AFBF President Zippy Duvall said.

“The Supreme Court clearly ruled, almost two years ago, that the government overreached in its interpretation of what waters fell under federal jurisdiction, but inaction and vague implementation guidelines by EPA led to permitting delays, litigation and uncertainty.

EPA will review the rule and request input from stakeholders. The agency said it will “undertake a rulemaking process to revise the 2023 definition of ‘waters of the United States’ with a focus on clarity, simplicity and improvements that will stand the test of time.”

During the rulemaking proceeds, EPA will provide guidance to those states implementing the pre-2015 definition of “waters of the United States.”