The White House indicated during the week of November 3 it had completed a review of the U.S. Environmental Protection Agency's newly proposed definition of Waters of The United States (WOTUS).
Waters of The United States are defined as bodies of water that fall under federal jurisdiction, and therefore, are regulated under the Clean Water Act.
The definition shapes everything from wetland permitting and construction projects to how states and industries manage runoff and groundwater interactions with other bodies of water.
EPA Administrator Lee Zeldin announced earlier this year that the agency would revisit the WOTUS rule to better align it with the Supreme Court’s Sackett v. EPA decision. The new proposal narrows federal jurisdiction to focus mainly on larger, more permanent bodies of water and those with a continuous surface connection to navigable waters. Wetland, smaller streams, and groundwater would reportedly be sent to back to state and local governments to regulate and govern.
WOTUS rules are typically re-written when the White House changes political parties, which has led to years of uncertainty and constant change with the regulations.
Now that the White House has finished its review, the EPA is expected to publish the proposal in the Federal Register soon, opening a public comment period before finalizing the rule. Given the long-running debate over WOTUS, further legal and political challenges are almost certain once the final rule is issued.
NGWA has long promoted a narrower definition of WOTUS and that groundwater management should largely be managed and regulated at the state level.