Environmental Law & Policy Alert – Update from Somach Simmons & Dunn

December 10, 2025

Trump Administration Again Proposes Rule to Narrow the Definition of WOTUS with Significant Consequences for Both Wetlands and Development Projects

On November 20, 2025, the U.S. Army Corps of Engineers (USACE) and Environmental Protection Agency (EPA) published a proposed rule to redefine “waters of the United States,” commonly referred to as WOTUS, to better align with the U.S. Supreme Court’s ruling in Sackett v. EPA, 598 U.S. 651 (2023) (Sackett). This rule, if adopted, would overall narrow the definition of WOTUS, reducing the reach of the Clean Water Act (CWA) and reducing protections for wetlands and waterways across the country. The rule has potentially significant consequences for project cost and schedules by removing a common federal nexus to more efficient federal Endangered Species Act (ESA) permitting. The rule also has implications for water management as it would expand jurisdiction to tributaries used for water transfers, seemingly eliminating an existing exclusion from National Pollutant Discharge Elimination System (NPDES) permit requirements … Read More

Written by Casey A. Shorrock