U.S. EPA and The Department of the Army Offer Proposed Rule Redefining ‘Waters of the United States’

January 2026

California Water Law & Policy Reporter, Volume 36, Number 4

On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army proposed a revised definition of “waters of the United States” (WOTUS), a key jurisdictional term under the federal Clean Water Act (CWA), 33 U.S.C., §§ 1251, et seq. The proposed rule narrows the scope of CWA jurisdiction by limiting the streams and wetlands that qualify as WOTUS. The promulgating agencies state that the is intended to align with the U.S. Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency (Sackett), 598 U.S. 651 (2023).

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