US Environmental Protection Agency Administrator Lee Zeldin announced that the EPA will work with the United States Army Corps of Engineers to review the definition of “waters of the United States.” The agencies plan to move quickly to ensure that a revised definition follows the law, reduces red tape, cuts overall permitting costs and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution.

“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.” 

“Farmers and ranchers are the best stewards of the land and need water regulations that are clear and practical, not burdensome,” said US Secretary of Agriculture Brooke Rollins. “Thank you, Administrator Zeldin, for your leadership on this critical rule. 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.”

The definition of “waters of the United States” guides Clean Water Act implementation, including whether farmers, landowners and businesses must secure permits before they can pursue a project. It is critical that Americans know which waters are subject to federal jurisdiction under the Clean Water Act to grow the economy and lower costs for American families while protecting human health and the environment. 

EPA will start its review by obtaining input from stakeholders, seeking targeted information on the key challenges that Americans are facing. The agency will also undertake a rulemaking process to revise the 2023 definition of “waters of the United States” with a focus on clarity, simplicity and improvements. While this rulemaking process proceeds, the agency will provide guidance to those states implementing the pre-2015 definition of “waters of the United States” to ensure consistency with the law. 

A priority for the Trump Administration will be working cooperatively with state partners.

EPA’s review will be guided by the Supreme Court’s decision in Sackett v. Environmental Protection Agency, which stated that the Clean Water Act’s use of “waters” encompasses only those relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes. The Sackett decision also clarified that wetlands would only be covered when having a continuous surface connection to waterbodies that are “waters of the United States” in their own right.  

National Cattlemen’s Beef Association's Chief Counsel Mary-Thomas Hart issued the following statement in response to the Environmental Protection Agency's release of guidance for implementing the “continuous surface connection” definition under the Waters of the United States rule.

"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. 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. NCBA thanks EPA Administrator Zeldin for his work to finally close a decades-long chapter of severe regulatory whiplash."