EPA Announces Major Wetlands Rule Revision
The Environmental Protection Agency announced Monday it is redefining the scope of the nation's bedrock clean water law to limit the wetlands it covers, building on a Supreme Court decision two years ago that removed federal protections for significant areas, according to Abcnews. When finalized, the new "Waters of the United States" rule will ensure that federal jurisdiction of the Clean Water Act is focused on relatively permanent, standing or continuously flowing bodies of water, such as streams, oceans, rivers and lakes, along with wetlands that are connected to such bodies of water.
EPA Administrator Lee Zeldin said at a news conference at agency headquarters that the new rule will help accelerate economic prosperity while protecting vital water resources. The proposed rule now enters at least 45 days of public comment, during which stakeholders will have the opportunity to provide input on the regulation, according to Ago.
Supreme Court Ruling Drives Regulatory Change
The EPA's action directly implements the Supreme Court's May 25 ruling in Sackett v. EPA, which sharply limited the federal government's authority to police water pollution into certain wetlands and boosted property rights, according to Wildlifemanagement. In a unanimous decision, the Supreme Court affirmed an Idaho couple's ability to build a home on their property that is a few hundred feet from Priest Lake, reversing a decision made by the U.S. Court of Appeals for the 9th Circuit.
The case centered on property owned by Chantell and Michael Sackett near Priest Lake, Idaho. After obtaining permits and beginning construction on their home in 2007, they were informed by the EPA that their property contained wetlands and they needed federal permits to continue work, according to Wildlifemanagement. Construction of the home has been on hold ever since while the Sacketts appealed an EPA compliance order threatening tens of thousands of dollars in fines through the courts.
Court Split on Wetlands Protection Standards
While all nine justices were unanimous that the Clean Water Act does not apply to the Sackett's property, the court was split within the ruling on what is known as the "significant nexus" test. The 5-4 majority ruling found that the EPA's authority applied only to those wetlands that are indistinguishable from and have a "continuous surface connection" to larger lakes, oceans, streams, and rivers, according to Wildlifemanagement.
Justice Brett Kavanaugh, in his opinion concurring only with the judgment, stated that the majority had "rewritten the Clean Water Act," arguing that the statutory text "does not require a continuous surface connection between those wetlands and covered waters," according to Stinson. The decision is considered a win for small property owners but significantly reduces protections for wetlands.
Agricultural and Industry Support
West Virginia Attorney General JB McCuskey, who joined EPA Administrator Zeldin for the announcement, called the proposed rule "a monumental step toward protecting our farmers and developers, while continuing to protect our waterways in this country," according to Ago. He described WOTUS as "an example of government overreach at its worst, stifling production and creating uncertainty in West Virginia and nationwide."
The longstanding WOTUS controversy has placed regulatory burdens on farmers, ranchers, industry and other private landowners, often subjecting routine land use activities to costly federal permitting processes. Congressional Western Caucus Chairman Paul Gosar praised the changes, calling the previous WOTUS rule "one of the greatest regulatory threats to the West and rural communities," according to Westerncaucus.
Historical Context of Water Regulations
The current changes represent a significant departure from 45 years of consistent agency practice since 1977, when eight different administrations had recognized such wetlands as being protected under federal law, according to the extracted facts. The Trump EPA previously worked to roll back wetlands protections, with the Navigable Waters Protection Rule announced on January 24, 2020, according to Epa.
U.S. Department of Agriculture Secretary Sonny Perdue had supported those earlier changes, stating that "President Trump is restoring the rule of law and empowering Americans by removing undue burdens and strangling regulations from the backs of our productive farmers, ranchers, and rural land-owners," according to Epa.
Ongoing Regulatory Uncertainty
Despite the Supreme Court's clear ruling, witnesses representing farmers, home builders, and states testified that stakeholders continue to struggle with regulatory inconsistency and lack of transparency from the EPA and U.S. Army Corps of Engineers on what constitutes a "water of the United States," according to Transportation. Water Resources and Environment Subcommittee Chairman David Rouzer noted that "There is no greater example of bureaucratic overreach than the nightmare of complying with and understanding the definition of a 'water of the United States.'"
The new rule aims to establish clarity after years of partisan back-and-forth over water regulation. When asked why he is confident the rule will be sustained, Administrator Zeldin offered a one-word answer: "Sackett," emphasizing that the Supreme Court's guidance provides unprecedented legal foundation for the changes, according to Abcnews.
Future Impact and State Authority
While the decision significantly reduces federal protections for wetlands, any lands that are removed from federal jurisdiction will still face regulation from states and tribes, according to the extracted findings. The EPA emphasized that the goal was to devise a "clear, simple, prescriptive rule that will stand the test of time" rather than being motivated by ideology or partisanship.
The proposed rule represents the latest chapter in decades of legal and regulatory battles over the scope of federal water protection authority, with environmental groups likely to challenge the reduced protections while property rights advocates celebrate the increased regulatory certainty for landowners and businesses.