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EPA and Corps of Engineers Seeking Industry Opinions for WOTUS03-31-25 | Legislation

EPA and Corps of Engineers Seeking Industry Opinions for WOTUS

New Directive for the Waters of the U.S.
by Rebecca Radtke, LASN

The EPA and the U.S. Army Corps of Engineers are seeking public opinion for 30-days to develop directives for the WOTUS rule. The NAHB is backing this move.

The Environmental Protection Agency (EPA) Administer Lee Zeldin recently announced that the agency will partner with the U.S. Army Corps of Engineers to compile public opinions and develop a new directive for the Waters of the U.S. (WOTUS) rule - a regulation used in the Clean Water Act (CWA) which defines bodies of water and jurisdiction to ensure conservation of resources that affect water quality, ecosystems, and public safety.

During the first Trump administration, the definition was narrowed, making it looser, then the Biden administration revised it again in response to the Sackett v. EPA ruling. This joint effort between the EPA and the U.S. Army Corps of Engineers is in response to President Trump's promise to review this definition in concordance with the Clean Water Act's execution.

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CWA was signed into law in 1972, as an update to the Federal Water Pollution Control Act of 1948. Its goal was to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." With that, this law was the first of its kind and now acts as the starting point for the federal government's set standards.

The EPA's memorandum includes a series of six listening sessions and a 30-day recommendation docket to solicit feedback.

On March 12, Associated Builders and Contractors issued a statement on this EPA announcement that commended the move. The National Association of Home Builders (NAHB) also released a statement backing the EPA because it will help alleviated permitting woes. At this point, the American Society of Landscape Architects (ASLA) have not commented on the changes.

Head to LandscapeArchitect.com for updates as they are made available.

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