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EPA to revisit WOTUS, power-plant and vehicle rules; agency says it will follow Supreme Court and APA

3315488 · May 14, 2025

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Summary

Administrator Zeldin told senators the agency will reconsider the Waters of the United States definition to align with the Supreme Court's Sackett decision and will follow Administrative Procedure Act processes when reviewing rules such as the Clean Power Plan 2 and vehicle emissions regulations.

Senators and the EPA administrator discussed multiple rulemakings, with lawmakers urging clear, durable definitions and predictable processes for regulated parties.

“EPA seeks to follow the Supreme Court in Sackett and to make sure that there is a simple, durable rule,” Administrator Zeldin said when asked about revising the Waters of the United States (WOTUS) definition.

Nut graf: WOTUS and major air and energy rules determine the scope of federal permitting and emissions controls. Senators from agricultural and energy states said they want clear, stable rules that respect private property and state roles; the administrator said the agency will use rulemaking procedures including public comment periods.

Sen. John Hoeven and others pressed Zeldin about unwinding recent Biden-era regulatory actions, including reconsideration of the Clean Power Plan 2 and related emissions rules. Zeldin said the agency will follow notice-and-comment procedures under the Administrative Procedure Act and suggested the agency aims to produce a definition of waters that can be consistently applied across states.

Ending: Zeldin committed to follow-up meetings with senators on specific topics such as prior-converted cropland definitions and pledged outreach to agricultural stakeholders as the agency pursues rulemaking activity.