Media Coverage
Source: Law360
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Taina Rosa, Olivia Meyer
12.04.25
Following the U.S. Supreme Court’s 2023 Sackett v. EPA decision limiting federal authority over wetlands under the Clean Water Act (CWA), the Trump administration has proposed a rule to further narrow which waters fall under federal jurisdiction. Issued by the EPA and Army Corps of Engineers, the proposal aligns regulations with the Court’s stricter definition of “waters of the United States” (WOTUS) and responds to industry calls for predictability. It would define “relatively permanent” waters as those flowing or standing year-round or during a wet season and adopt a two-part test for determining whether wetlands have a “continuous surface connection” to jurisdictional waters.
In an interview with Law360, Environmental & Natural Resources partner Ashleigh Myers noted that the new rulemaking imposes a more industry-friendly vision of which waters are covered under the CWA in light of the Sackett ruling.
Although the agencies aim to provide more clarity, what constitutes “waters of the United States” has long been difficult to interpret, Myers said.
“Sackett intended to make things clear, but here in the span of two and a half years, we’ve had two rulemakings—so I don’t know that it accomplished that,” she said. “The proposed rule will almost certainly be litigated.”
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