Overview
- The proposal would confine Clean Water Act coverage to relatively permanent, continuously flowing waters and to wetlands with a continuous surface connection, with formal definitions for “relatively permanent,” “continuous surface connection,” and “tributary.”
- EPA and the Army Corps estimate roughly 80% of mapped wetlands in the contiguous United States would lose federal protection, with sharp state-by-state differences such as about 1.6% remaining covered in Nevada, 2.4% in Arizona, and 5% in Iowa.
- The draft spells out exclusions including groundwater, certain ditches, previously converted cropland and waste treatment systems, and uses “wet season” criteria to help determine jurisdiction.
- The agencies launched a 45-day public comment period and plan at least two hybrid public meetings before deciding on a final rule.
- Republican lawmakers and farm and industry groups praised the move for clarity and reduced permitting burdens, while environmental organizations warned of increased pollution risks and signaled possible court challenges.