The Trump administration reopened one of the nation’s most contentious property-rights battles Friday, asking Americans to weigh in again on which wetlands, streams and other water features Washington may regulate.
The Environmental Protection Agency and U.S. Army Corps of Engineers announced a supplemental proposal on September 4 to help finalize the definition of “waters of the United States,” commonly called WOTUS.
That definition determines where federal Clean Water Act authority begins and where state, tribal, or local authority takes over. It can affect farmers, ranchers, homebuilders, energy producers, technology companies, and other property owners seeking to develop or alter land containing wetlands or waterways.
Why The Definition Matters
WOTUS is more than a regulatory acronym.
Under Section 404 of the Clean Water Act, certain projects involving the discharge of dredged or fill material into federally regulated waters—including covered wetlands—require authorization from the Army Corps of Engineers, according to the federal agency.
Which waterways qualify has shifted repeatedly as presidential administrations, federal courts and regulators have adopted competing interpretations of the law.
“The EPA’s goal is a durable WOTUS definition that follows the law and ends burdensome regulatory uncertainty,” EPA Administrator Lee Zeldin said in Friday’s announcement.
The agencies emphasized that WOTUS determines only the reach of federal regulation. State, tribal or local laws may still govern waters excluded from federal jurisdiction.
More Than 220,000 Comments Already Submitted
The administration first proposed its revised definition in November 2025 and accepted comments through January 5.
Federal officials said the process generated more than 220,000 responses and included three public meetings and consultations with states, tribes and local governments.
Friday’s supplemental proposal introduces what the agencies described as a “limited number of new regulatory alternatives.” Those options will be considered alongside the original proposal without eliminating or predetermining any of the earlier choices.
The supplemental language had not yet been published in the Federal Register as of Friday’s announcement. Once it appears, the public will have 30 days to comment.
Supreme Court Curbed Federal Authority
The rewrite follows the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, which limited federal authority over wetlands.
The case involved Michael and Chantell Sackett, an Idaho couple prevented from building a home after federal officials determined that their property contained wetlands covered by the Clean Water Act.
The Supreme Court ruled that covered wetlands must have a continuous surface connection with federally regulated waters, making it difficult to determine where the water ends and the wetland begins.
The Trump administration’s original 2025 proposal sought to implement that ruling by focusing federal jurisdiction on relatively permanent, standing, or continuously flowing waters—such as rivers, lakes, oceans, and qualifying streams—and on wetlands directly connected to them.
The proposal also sought to clarify exclusions for certain ditches, previously converted cropland, and waste-treatment systems, while expressly excluding groundwater, according to the Federal Register.
Texas Farmers And Landowners Have A Stake
The rule could affect Texas landowners making decisions involving drainage, ditches, livestock operations, construction and low-lying portions of their property.
The Texas Farm Bureau supported key portions of the original proposal, saying shifting federal definitions have made it difficult for agricultural producers to know when permits or legal advice may be required.
“Clean water is a top priority for farmers and ranchers. We depend on it,” American Farm Bureau Federation President Zippy Duvall said after the proposal was introduced.
Environmental organizations argue that narrowing the federal definition could remove protections from wetlands and waterways that reduce flooding, filter pollution and provide wildlife habitat.
Jon Devine of the Natural Resources Defense Council told the Associated Press that the proposal could “virtually eliminate protection for freshwater wetlands.” Zeldin has countered that waters outside federal jurisdiction remain subject to other levels of government.
Texas Already Operates Under Different Rules
The federal regulatory landscape is currently divided.
The amended 2023 WOTUS rule applies in 24 states, Washington, D.C., and U.S. territories. Because of ongoing litigation, Texas and 25 other states operate under a pre-2015 definition interpreted in accordance with the Sackett ruling and other applicable court decisions.
The Army Corps’ Galveston District confirms that Clean Water Act jurisdiction in Texas continues to be determined under that earlier framework until further notice.
A final nationwide rule could replace that regulatory patchwork. Whether it ends the decades-long WOTUS fight or triggers another round of lawsuits will depend on what the administration places in the final language.
Provided by Dallas Express
