Proposed EPA Rule Change Would Exclude Millions of Acres of Wetlands and Waterways From Federal Protection

The Environmental Protection Agency (EPA) is proposing to restrict which types of waterways qualify for federal protection under the Waters of the United States (WOTUS) rules, reports Lisa Held in Civil Eats.

“In 2023, the Biden administration’s rules, which would have protected a larger portion of waterways, went into effect. Some elements of those rules were then struck down by the Supreme Court, and the rules were amended later that year. Ever since, different states have been following two different sets of rules based on their own interpretations,” Held explains.

The changes include a revised definition of “relatively permanent flow” and excluding wetlands unconnected to other bodies of water from protection.

The changes are supported by groups representing agricultural industries who say it would “protect farmers from being penalized for filling in places on farms where water collects, like ditches and ephemeral streams, and ‘will provide regulatory certainty and protection from frivolous lawsuits from activists.’” Betsy Southerland, the former director of the Office of Science and Technology in the EPA’s Office of Water, called the proposal “the worst version of WOTUS to date” and said it “will result in significantly more water pollution from agriculture and other sources.”