EPA Proposes New WOTUS Rule to Clarify Federal Jurisdiction Under Clean Water Act
The EPA and U.S. Army Corps of Engineers proposed a new rule on November 17, 2025, to define 'waters of the United States' under the Clean Water Act, aiming to clarify federal jurisdiction in light of the Supreme Court's 2023 Sackett v. EPA decision. The rule introduces a two-part test for wetlands and redefines 'excluded ditches,' stating that ditches excavated in dry land will not be jurisdictional. If implemented, the rule is expected to simplify analyses for stakeholders regarding jurisdictional waters.
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On November 17, 2025, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) proposed a rule defining 'waters of the United States' under the Clean Water Act. This rule aims to clarify federal jurisdiction by focusing on 'relatively permanent, standing or continuously flowing bodies of water,' aligning with the Supreme Court's 2023 Sackett v.
EPA decision. The proposed rule introduces a two-part test for wetlands, requiring them to exist during the wet season and abut other jurisdictional waters. It also redefines what constitutes an 'excluded ditch,' stating that ditches excavated in dry land will not be jurisdictional, regardless of water flow.
Groundwater remains excluded from jurisdiction, with specific language added to clarify this. If codified, the rule is expected to streamline analyses for stakeholders regarding jurisdictional waters under the Clean Water Act.
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