The Trump administration will soon propose a new Clean Water Act rule that could eliminate federal protections for many wetlands across the U.S., according to an internal EPA presentation obtained by POLITICO’s E&E News.
Under the proposed rule, the federal government would regulate wetlands only if they meet a two-part test: They would need to contain surface water throughout the “wet season,” and they would need to be abutting and touching a river, stream or other water body that also flows throughout the wet season, the presentation said.
Fewer wetlands permits would be required under the new language, according to a slide from the presentation, which was confirmed by two EPA staffers who were briefed on the rule.
EPA Administrator Lee Zeldin confirmed to reporters on Friday that the draft is going through review. “Over the course of the next few weeks, we will hopefully be concluding the interagency process and then it will come out for public comment.”
Zeldin said EPA’s goal is to make the WOTUS rule simple. They want Americans, “to be able to understate the definition of what are waters of the United States without having to hire an attorney.”
“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,” Zeldin said. “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.”
“Farmers and ranchers are the best stewards of the land and need water regulations that are clear and practical, not burdensome,” said U.S. Secretary of Agriculture Brooke Rollins. “USDA supports EPA’s revisions to WOTUS that provide certainty and recognize the key role that agriculture plays in protecting our natural resources. We’ll keep pushing for policies that let producers focus on what they do best—feeding, fueling and clothing our nation.”
In 2023, the Supreme Court ruled in Sackett v. EPA that only wetlands with a “continuous surface connection” to a “relatively permanent” body of water are protected by the law.
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NAFB/EPA
