Overview
- The proposal interprets “relatively permanent” to cover waters that flow year-round or during a wet season, but it does not define the seasonal period.
- Regulators plan to use the University of Delaware’s WebWIMP tool to evaluate hydrology when deciding whether waters qualify for federal protection.
- For the first time, the draft states that human-made obstructions such as tunnels, debris piles, or boulder fields can sever a surface connection and remove upstream waters from jurisdiction.
- EPA and the Army Corps acknowledge a narrower federal reach, while scientists and advocates warn of large wetland and intermittent-stream losses in arid regions and foresee litigation.
- Public comments run through Jan. 5, with Administrator Lee Zeldin emphasizing alignment with Sackett and inviting feedback as courts are expected to scrutinize the rule without deference.