EPA heads back to the drafting board on WOTUS rule

By Miranda Willson | 07/01/2026 01:26 PM EDT

In an unusual move, EPA has drafted a second proposal defining waters covered by the Clean Water Act, months after unveiling a similar rule.

Cattail marsh gives way to open water that attracts waterfowl to central New Mexico's Bosque del Apache National Wildlife Refuge on March 26, 2009.

Cattail marsh gives way to open water that attracts waterfowl to central New Mexico's Bosque del Apache National Wildlife Refuge on March 26, 2009. Sue Major Holmes/AP

The Trump administration is taking another stab at defining which waters qualify for Clean Water Act protections, seven months after unveiling a proposal that officials said would provide the “final word” on one of the most contentious and litigated environmental regulations.

EPA on Tuesday sent a proposed supplement to its “waters of the U.S.” definition to the White House for review, signaling that the administration is amending some aspect of its original proposal from November.

Jess Kramer, EPA’s assistant administrator for water, said the goals of the rule — which is being drafted along with the Army Corps of Engineers — remain the same as before.

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“EPA and the Army are on a path to finalize a durable definition of ‘waters of the United States’ that fully adheres to the Supreme Court’s direction in Sackett, cuts bureaucratic red tape, and protects water quality while recognizing that states and Tribes know their water resources best,” Kramer said in a statement.

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