EPA Redraws Map of Protected U.S. Waters After Court Ruling
Published Date: 11/20/2025
Proposed Rule
Summary
The EPA and Army Corps are updating the rules that decide which waters are protected under the Clean Water Act, following a 2023 Supreme Court decision. This change helps everyone know exactly which waters are covered, making it easier to protect lakes, rivers, and wetlands while respecting state and tribal rights. People and businesses affected should share their thoughts by January 5, 2026, as this update could impact water projects and environmental protections.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Fewer Federal 404 Permits Likely
The agencies propose revising the definition of “waters of the United States,” including deleting the interstate-waters category and changing how lakes and ponds are described. The agencies say this would reduce the number of Clean Water Act section 404 permits issued and the acres of wetland impacts mitigated relative to the Amended 2023 Rule, which can lower permitting and mitigation costs for projects.
Less Wetland Protection — Forgone Benefits
The agencies state the proposed definition changes would produce forgone benefits from avoided impact minimization and mitigation measures, meaning fewer wetland protections compared with the Amended 2023 Rule. The agencies link these forgone benefits to projected reductions in section 404 permits and wetland mitigation.
States and Tribes May Decide Local Coverage
The agencies state that the effects of the proposed rule depend on decisions by States and Tribes about areas that would fall solely within State, Tribal, or local jurisdiction. The agencies note some States and Tribes already have laws that exceed federal coverage and that their actions will affect the distribution of cost savings and forgone benefits.
New or Revised Exclusions Could Affect Farmers and Landowners
The agencies propose revising exclusions and definitions for waste treatment systems, prior converted cropland, ditches, and adding a groundwater exclusion, and would add definitions like "relatively permanent" and "continuous surface connection." These changes affect which agricultural lands, ditches, and certain treatment systems are covered under the Clean Water Act.
Small Entities May Face Shorter Delays
The agencies say small entities may see benefits from increased opportunities and shorter delays for approved jurisdictional determinations (AJDs) because there may be less demand for AJDs and clearer regulatory language under the proposed rule. The agencies highlight this as a potential direct burden reduction for small entities.
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Key Dates
Department and Agencies
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