New EPA and Corps proposed WOTUS rule is a step in the right direction

Today the Environmental Protection Agency and U.S. Army Corps of Engineers released their proposed revisions to the definition of “waters of the United States.” This proposed rule would clarify what waters are federally regulated under the Clean Water Act. Statement by Daren Bakst, director of CEI’s Center for Energy and Environment:

“For too long, the EPA and Corps have tried to regulate almost every water imaginable, contrary to the plain language of the Clean Water Act. This has resulted in unfair penalties to property owners, excessive restrictions on property use, and massive confusion. Fortunately, in 2023, the U.S. Supreme Court in Sackett v. EPA provided clarity on what waters are ‘waters of the United States’ (WOTUS). The Biden administration, however, never properly fixed its final WOTUS rule to reflect the specific requirements of Sackett.

“The good news is the Trump EPA and Corps are paying attention to Sackett v. EPA. While more time is needed to carefully review the proposed WOTUS rule, the rule is a step in the right direction. Further, although there will likely need to be important changes made to the rule, it is good to see the EPA and Corps finally respecting the rule of law when it comes to WOTUS.”

Related analysis: Some minimum requirements for a proper WOTUS rule – Competitive Enterprise Institute