EPA proposes limits to Clean Water Act: What the changes mean
The Environmental Protection Agency has proposed redefining key words in the Clean Water Act that would limit protections for wetlands.
In a release on Monday, the proposal, dubbed the "Waters of the United States" (WOTUS) rule, says wetlands and streams that are seasonal or flow inconsistently would no longer be protected under the act, which was originally enacted in 1972.
"When it comes to the definition of 'waters of the United States,' EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity," EPA Administrator Lee Zeldin said in a statement.
The proposal cites Sackett v. EPA, a 2023 Supreme Court ruling that limited federal pollution regulation over wetlands by claiming all wetlands must have "a continuous surface connection to bodies that are 'waters of the United States' in their own right" in order to be protected under the Clean Water Act.
According to a GIS analysis by the Natural Resources Defense Council, 38 to 70 million acres of wetlands are at risk of pollution or destruction under post-Sackett decisions like Monday’s proposal.
The proposal would "dramatically narrow which waters are covered by federal safeguards, leaving many wetlands and headwaters vulnerable to pollution and destruction," the NRDC said in a statement Monday evening.
"By gutting protections for wetlands and streams, the EPA is trying to disown its legal obligation to protect our drinking water and our communities," said senior vice president of nature at the NRDC, Andrew Wetzler. "For the millions of Americans who swim or fish in our nation’s rivers and lakes, this is a bracing slap in the face."
The action could also increase costs on families by making clean drinking water harder to obtain, as well as cause lasting damage to rivers, streams, lakes and wetlands, Ranking Member of the Subcommittee on Water Resources and Environment Frederica Wilson, D-Fla.,and Ranking Member of the House Committee on Transportation and Infrastructure Rick Larsen, D-Wash., said in a joint statement Monday.
In 2015, an Obama-era rule expanded protections to include ephemeral and intermittent streams. But a proposal implemented under President Donald Trump's first administration in 2020 sharply limited protections, and many wetlands and small waterways lost coverage under the Clean Water Act.
A Biden-era rule in 2023, post-Sackett, attempted to restore safeguards. But the Supreme Court issued a decision restricting EPA authority, and therefore, those safeguards were restrained.
Zeldin's 2025 rule excludes most wetlands without visible surface water, which would potentially leave more than half of U.S. wetlands unprotected.
WOTUS would also strike a balance between federal and state authority, Zeldin said during a press conference at EPA headquarters on Monday. Any lands that are removed from federal jurisdiction would still face regulation from states and tribes, the administrator said.
If implemented, WOTUS would be "one of the most significant setbacks to clean water protections over half a century," Betsy Southerland, former director of the Office of Science and Technology in EPA’s Office of Water, said in a statement, adding that clean water protections should not change with each administration.
"This rule ignores decades of science showing that wetlands and intermittent streams are essential to maintaining the health of our rivers, lakes, and drinking water supplies. It’s a direct assault on the clean water Americans rely on," Southerland said.
Transportation and Infrastructure Committee Chairman Sam Graves (R-MO) commended the proposal, saying in a statement, "This action by the Trump Administration is a victory for common sense. Farmers, infrastructure builders, small businesses, manufacturers, home builders, local communities, and property owners will be able to function under a more reasonable regulatory environment without having to worry about the federal government constantly breathing down their necks."
As climate change makes drought and flooding events more intense, it is possible that fewer wetlands and streams will be protected under the new proposal going forward.
The rule will face at least 45 days of public comment before it is finalized.
ABC News' Julia Jacobo contributed to this report.
