The Environmental Protection Agency and U.S. Army Corps of Engineers have issued a supplemental proposal that responds to more than 220,000 public comments on the agencies’ November 2025 draft rule redefining “waters of the United States” (WOTUS). The new proposal is intended to more clearly implement the 2023 U.S. Supreme Court decision in Sackett v. EPA, which narrowed federal wetlands protection to waters with a continuous surface connection to navigable waterways. Under the new approach, waters would need to flow every day of the year under ordinary conditions to qualify as “relatively permanent,” with limited allowances for drought and other temporary interruptions.
Shareholder Steven Miano spoke with Bloomberg Law about the proposal, which is expected to narrow the scope of federally protected wetlands and streams, particularly in arid regions of the country.
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