US EPA proposes new definition of Waters of the US - omitting wetlands and small streams

On November 15, the US Environmental Protection Agency proposed new rules clarifying the definition of Waters of the United States.  These proposed rules are based on the altered definition of the Clean Water Act in the Sackett decision.   US EPA states that the proposed rule will "play a key role in EPA's Powering the Great American Comeback initiative"... 

From the US EPA WOTUS webpage:
Updated Definition of Waters of the United States
On November 17, 2025, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal implements the Supreme Court's decision in Sackett v. EPA. The proposed rule will play a key role in EPA’s Powering the Great American Comeback initiative by protecting water resources, strengthening cooperative federalism, and supporting American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners.

In developing the proposed rule, EPA and the Army reviewed and considered the extensive feedback and recommendations the agencies received from States, Tribes, local governments, and stakeholders throughout consultations and the pre-proposal recommendations docket and listening sessions. 

Here is the proposed rule 
Proposed Rule: Updated Definition of "Waters of the United States" (Pre-publication Version) (pdf) (1.12 MB)

These rules go further in removing Clean Water Act protections than was necessary under the Sackett decision, including fully excluding groundwater from the Clean Water Act and requiring that wetlands are only protected if they abut a jurisdictional water and have surface water at least during the wet season.    The excerpt to the right is from an US EPA factsheet prepared for the proposed rule release.

The current federal definition of Waters of the US, adopted on August 9, 2023, fully implemented the Sackett requirements.   

The League of Women Voters supported the Clean Water Act's passage 50+ years ago - the following excerpt is from the LWV US Impact on Issues, page 108:

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LWV UMRR has covered the Sackett decision in meetings and blog posts: 

The Clean Water Act implementation after Sackett

What does the Sackett decision mean for our waters

Healthy Communities  - our water and watersheds

Sackett vs EPA Supreme Court decision limits extent of clean water act jurisdiction

And from the Mississippi River Ag and Water Desk:
Down the Drain - Wetlands in the Mississippi Basin