WASHINGTON – The US Environmental Protection Agency (EPA) stated on March 12 that it plans to work with the US Army Corps of Engineers to revise its definition of “waters of the United States (WOTUS).

The agency said the move comes after the 2023 Supreme Court decision of Sackett v. Environmental Protection Agency.

New EPA Administrator Lee Zeldin said the agency will work for a “clear and simplified direction” for the definition.

“We want clean water for all Americans supported by clear and consistent rules for all states, farmers and small businesses,” Zeldin said. “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.” 

Zeldin’s announcement stated that the EPA and Army Corps of Engineers would regulate wetlands and waterways with continuously flowing bodies of water forming streams, oceans, rivers and lakes.

During the Biden administration, the EPA adopted broader definition of the rule. WOTUS language has gone back and forth since the rules first changed in 2015 under the Obama administration.

When making the announcement, Zeldin was joined by several senators including Senate Agriculture Chair John Boozman (R-AR), Senator Kevin Cramer (R-ND), Senator Joni Ernst (R-IA).

Shelley Moore Capito, chair of the Senate Environment and Public Works (EPW) Committee, also provided some input on the EPA’s new plan.

“Delivering a framework that is both clear and legally sound, refining key definitions, and rescinding prior vague and inconsistent guidance brings predictability to those who rely on clear and workable water regulations,” Capito said. “It also reaffirms the importance of public input, with dedicated stakeholder engagement opportunities to ensure a balanced approach moving forward.”

Zippy Duvall, president of the American Farm Bureau Federation, also attended the announcement.

“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,” Duvall said. “The foundation he laid today is the first step toward creating clear WOTUS implementation guidelines, which will help farmers protect the environment while ensuring they can grow the food America’s families rely on.”

The National Cattlemen’s Beef Association (NCBA), which previously supported the Supreme Court ruling, praised the recent decision by the EPA.

"For years, NCBA has worked across the federal government – educating members of Congress, participating in agency rulemakings, and fighting for cattle producers in federal court – to secure a WOTUS definition that protects both our nation’s natural resources and Americans’ property rights,” said Mary-Thomas Hart, chief counsel of NCBA. “We are proud of the Trump Administration’s effort to further conform the WOTUS definition to the Supreme Court's decision in Sackett v. EPA. Today’s guidance is an important step toward refocusing the Clean Water Act to its original purpose.”

Several environmental groups continue to oppose the agency narrowing the definition of WOTUS including the Food and Environment Program at the Union of Concerned Scientists.