On Nov. 17, 2025, the Environmental Protection Agency (EPA) and Army Corp of Engineers released their proposal for new rules governing the Waters of the US or WOTUS. The Waters of the US defines when the federal government can require permits to protect rivers, wetlands, lakes, estuaries, and other waterbodies from pollution and destruction under the Clean Water Act.
The proposed rule would restrict the number of water bodies, including wetlands and streams, that would be protected under the Clean Water Act. Upon publication in the Federal Register, there will be a 45-day comment period.
The WOTUS definition has been the source of several U.S. Supreme Court cases in recent decades, most recently in Sackett v. EPA. In 2023, the Supreme Court’s Sackett decision limited the scope of the Clean Water Act, ruling that wetlands were only protected if they have a “continuous surface connection” to navigable waterways. For additional background information on the Sackett decision, see River Network’s previous write-up.
Stay Up to Date
The new proposed rule is still being reviewed by legal experts to understand the full scope of how this rule change could leave communities vulnerable to devastating floods, polluted drinking water, and other water quality concerns. In the meantime, we’ve pulled together a collection of resources and statements from partners that will provide background information and we will keep you updated when the rules are published in the Federal Register.
You can find the statements from the following groups:
River Network will continue to alert our members when the proposed rules are published in the Federal Register and open for public comment. The EPA and the Army Corp have stated they will hold two public meetings before developing final rules. Be sure to sign up for River Network’s monthly newsletters to learn more about the proposed changes, talking points, and other resources related to the Clean Water Act and other policy updates.
