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EPA Proposes New WOTUS Rule to Clarify Federal Jurisdiction Under Clean Water Act

DEFENSE

The EPA and U.S. Army Corps of Engineers proposed a new rule on November 17, 2025, to define 'waters of the United States' under the Clean Water Act, aiming to clarify federal jurisdiction in light of the Supreme Court's 2023 Sackett v.

EPA decision. The rule introduces a two-part test for wetlands and redefines 'excluded ditches,' stating that ditches excavated in dry land will not be jurisdictional. If implemented, the rule is expected to simplify analyses for stakeholders regarding jurisdictional waters.

EPA Proposes New WOTUS Rule to Clarify Federal Jurisdiction Under Clean Water Act
Feb 4, 2026, 12:37 PM

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