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EPA Proposes Narrower Water Rule Aligned With Sackett Ruling

The proposal mirrors the Supreme Court’s Sackett decision, limiting federal oversight to relatively permanent waters with directly connected wetlands.

Overview

  • Administrator Lee Zeldin unveiled the draft definition with the U.S. Army Corps of Engineers, developed alongside Assistant Secretary of the Army for Civil Works Adam Telle.
  • The proposal defines key terms such as “relatively permanent,” “continuous surface connection,” and “tributary,” requiring tributaries to provide consistent flow to traditional navigable waters.
  • Wetlands would qualify for federal jurisdiction only when they are indistinguishable from covered waters and retain surface water for a consistent period each year.
  • Specific exclusions are preserved and clarified for groundwater, stormwater runoff, ditches, previously converted cropland, and waste treatment systems.
  • A 45-day public comment period begins with two hybrid public meetings, as the EPA touts regulatory clarity and critics warn of lost protections and increased pollution.