The Environmental Protection Agency (EPA) and the Army Corps of Engineers are collaborating to revise the definition of “Waters of the United States” (WOTUS), a move prompted by the Supreme Court’s recent Sackett decision and long-standing concerns from landowners.
EPA Administrator Lee Zeldin has confirmed the agencies’ commitment to fulfilling President Trump’s promise to review the WOTUS definition. This effort gains further urgency after the Sackett ruling, which has significantly impacted the scope of federal jurisdiction over wetlands and other water bodies.
Washington Representative Dan Newhouse emphasized the critical need for this revision, particularly for farmers and ranchers. “That’s the way I’m looking at it, that we can finally put into place rules that will have some staying power, which will give certainty to landowners across the country,” Newhouse stated, highlighting the desire for stable regulations.
The WOTUS definition has been a source of ongoing contention, with shifting interpretations based on presidential administrations and congressional control. “This yo-yos back and forth depending on who’s in the White House or who’s controlling Congress. People need more certainty than that so that they can make long-term decisions on how to utilize their property,” Newhouse explained, underscoring the instability that has plagued landowners.
According to Newhouse, the WOTUS revision is a prominent topic among policymakers in Washington D.C. “So, I’m looking at this in a very positive way. We will finally get there. In fact, in just a few minutes, I’m going to be meeting with representatives from the EPA, and this will be one of the topics we’ll discuss,” he revealed, indicating the immediacy and importance of the issue.
Newhouse expressed optimism about the current EPA’s approach. “I’m glad that the current EPA leaders are opening this up so that we can achieve the certainty that property owners have so long been working for,” he said.
He further stressed that the EPA must address this matter definitively, solidifying the point that landowners have waited too long for a stable and predictable definition.
The revision of the WOTUS definition aims to provide clarity and stability for landowners, particularly those in the agricultural sector, who have faced uncertainty due to fluctuating regulatory interpretations. The collaboration between the EPA and the Corps of Engineers, coupled with the impetus from the Supreme Court’s Sackett decision, signals a potential turning point in this long-standing regulatory debate.
