2025 Clean Water Act Guidance on WOTUS Released

US EPA has announced plans to revise, again, its definition of Waters of the United States (WOTUS) under the Clean Water Act. The regulatory definition of WOTUS determines, in part, which bodies of water—e.g., streams, rivers, lakes, wetlands, etc.—are protected by Federal law/regulations. 

The agency also provided new guidance on how the Clean Water Act will be enforced under this administration. Changes to the Waters of the US definition affect industry compliance with Federal water protection programs including: 

• Oil Discharge Notifications (40 CFR 110);
• Spill Prevention, Control, and Countermeasure Plans (40 CFR 112);
• NPDES Permitting and Stormwater Discharge Permits (40 CFR 122);
• The “per-industry standards” (40 CFR 405-471); and
• Dredge and Fill Permitting (33 CFR 323).

Why Change the WOTUS Definition Under the CWA?

In the Clean Water Act, Congress authorizes US EPA to regulate all “navigable waters.” How regulators interpret the term “navigable waters” has been the central issue of legal challenges for decades, including in two landmark Supreme Court cases—Rapanos v. United States (2006) and Sackett v. EPA (2012). The resolution of both cases led EPA to revise the definition of WOTUS.

One specific, long-running challenge for EPA has been to provide definitive, clear direction about the status of wetlands that are somehow “connected to” protected waters. 

Read more: Impact of Sackett v. EPA on CWA Compliance 

March 2025 WOTUS Guidance from EPA

EPA and the Army Corps of Engineers issued new joint guidance on WOTUS for the regulated community on March 12, 2025. It seems likely that any future rule to revise the Clean Water Act regulations will reflect the policy stated in this latest memo. 

EPA is interpreting WOTUS to include: 

“only those adjacent wetlands that have a continuous surface connection because they directly abut [a jurisdictional water] (e.g. they are not separated by uplands, a berm dike, or similar feature).” 

Wetlands that are “far removed from and not directly abutting covered waters” do not meet the legal standard to be a WOTUS, per the March 12 guidance. 

The memorandum also says: 

“The Sackett Court recognized that there may be some instances where that line drawing problem is difficult, such as during periods of drought or low tide or in those instances where there may be temporary interruptions in surface connection. The agencies will work to resolve these scenarios on a case-by-case basis and provide further clarity when appropriate…” 

Read the joint guidance from EPA and the Army Corps of Engineers:
“Continuous Surface Connection Under the Definition of WOTUS Under the CWA” 

Public Input on Future WOTUS Rule

EPA is also announcing public listening sessions and an open public comment docket to encourage input on post-Sackett WOTUS implementation from industry stakeholders, environmental and conservation groups, and the public. Listening sessions and the deadline for public comments will be announced in the Federal Register under the title "WOTUS Notice: The Final Response to SCOTUS." 

2025 Environmental Regulations Training

Gain solid footing amid non-stop updates and revisions on EPA air, water, and chemical programs! Join an experienced, credentialed instructor for the next live Complete Environmental Regulations Webinar on May 15–16, 2025.

EH&S professionals who attend can identify the regulations that apply to their facility and locate key requirements to achieve compliance with the Clean Air and Clean Water Acts to EPCRA, TSCA, Superfund, and more. Prefer to train at your own pace? Try the interactive online course.