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EPA seeks a simpler Waters of the United States definition after Supreme Court guidance, members say
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Summary
Administrator Zeldin told appropriators the agency will align the definition of Waters of the United States (WOTUS) with the Supreme Court’s Sackett decision to create a clear, durable rule that landowners can apply without hiring legal counsel.
Administrator Lee Zeldin told the House appropriations hearing that EPA will revise the Waters of the United States definition to mirror the Supreme Court’s guidance in Sackett to provide “a simple prescriptive definition” that all 50 states could apply.
Why it matters: WOTUS determines when federal clean‑water protections apply to waterways and wetlands. Members said states, farmers and landowners need predictability; Zeldin said the agency wants a standard that “any of your farmers, ranchers, landowners are able to look at a water on their property, and they are able to determine on their own whether or not that is a water of The United States.”
Zeldin framed the revision as a move toward national uniformity and legal durability: he said the goal is a definition that will not have to change with each presidential administration. He also emphasized that waters not covered by a federal definition might still be regulated by state or local authorities.
Members from agricultural districts praised the approach as offering regulatory certainty and predictability for farmers. The administrator said revising the rule to align with Sackett will be straightforward and would make the rule “durable” across future administrations.
Next steps: Zeldin said EPA will carry out rulemaking consistent with the court’s test and will seek public comment; members urged clarity and speed so landowners and states can understand obligations going forward.
