Trump EPA New Waters Rules, Provides Relief

The Trump administration's EPA has rolled out a new proposal to redefine the Waters of the United States (WOTUS). The old proposal had many landowners scared of these new rules. Lawsuits regarding government overreach were underway.

The new Trump-era regulations will align with the U.S. Supreme Court’s ruling in Sackett v. EPA and answer long-standing calls from farmers, ranchers, and landowners for regulatory certainty.

The EPA was called on to simplify the WOTUS definition and eliminate confusion created by the Obama and Biden administrations.

Making the language less ambiguous would ensure that interpretations cannot be manipulated by out-of-control environmental activists and bureaucrats. Nobody from the EPA can simply walk up with a pad and pen and invent rules on the spot, as has happened in the past.

Key Changes in the Proposed Rule seek to clearly define terms such as “relatively permanent,” “continuous surface connection,” and “tributary,” tightening the scope of federal jurisdiction under the Clean Water Act.

Jurisdictional tributaries must directly connect to traditionally navigable waters. Wetlands, Ephemeral and most intermittent waters, along with Groundwater, are also clearly defined.

EPA Administrator Lee Zeldin emphasized the agency’s goal to create a lasting, common-sense definition that landowners can understand without legal assistance.

“Across the country, news of today’s proposal is going to be met with a lot of relief and happiness from farmers, ranchers, and landowners,” Zeldin said. “This wasn’t about swinging a political pendulum. It’s about getting it right.”

These new rules will be published in the Federal Register and undergo a 45-day public comment period, with two public meetings planned as EPA works “expeditiously” to finalize the rule.