The Environmental Protection Agency and the U.S. Army Corps of Engineers on Monday released a new proposed definition of “waters of the United States,” marking the latest shift in federal water policy after the Supreme Court’s narrowing decision in Sackett v. EPA.
The proposal would limit Clean Water Act jurisdiction to traditional navigable waters and wetlands that share a continuous surface connection with them. Tributaries would qualify only if they directly connect to those waters or flow through other jurisdictional features.
The rule also maintains long-standing exclusions, including prior-converted cropland, waste treatment systems and a newly clarified exemption for groundwater. Federal officials said the updated definition aims to align the rule with the Supreme Court’s guidance while providing clarity to landowners.
A 45-day public comment period will begin once the proposal is published in the Federal Register.
