EPA and Army Corps Propose Rule Stripping Federal Protection from 94% of US Wetlands

When the Supreme Court curtailed federal water protections in 2023, it left a narrow regulatory window for wetlands that maintained a continuous surface connection to larger navigable bodies. A supplemental rule proposed Friday by the Environmental Protection Agency and the U.S. Army Corps of Engineers closes that window almost entirely, introducing a strict 30-day disruption limit that environmental analysts project will strip federal oversight from 94 percent of the nation's remaining wetlands.[3][4]

The proposal fundamentally rewrites the application of the 1972 Clean Water Act. Under the new framework, streams and rivers only qualify for federal protection if they contain standing or continuously flowing water every day of the year under ordinary conditions. The rule permits a single dry period of no more than 30 consecutive days annually; a stream that experiences multiple dry spells would lose its protected status.[1][3][4]

For wetlands, the standard is even tighter. A wetland must possess a perennial surface water connection to an otherwise protected water body, and only the specific portion of the wetland that is "indistinguishable" from that water remains under federal jurisdiction.[3]

The scale of the jurisdictional contraction is vast. An analysis conducted by the Natural Resources Defense Council indicates the rule endangers 94 percent of wetlands in the United States. Furthermore, the perennial flow requirement eliminates protections for more than three-quarters of the nation's streams, which flow only seasonally or after precipitation events.[1][3][4]

The impact falls disproportionately on the arid American West. In states where ephemeral streams constitute the vast majority of waterways, federal water pollution oversight will effectively cease to exist outside of major river corridors, threatening habitats and drinking water sources.[1][3]

Federal officials and industry advocates frame the contraction as a necessary correction to decades of regulatory overreach. Adam Telle, the official overseeing the Army Corps of Engineers, stated the administration is "overhauling sclerotic government overreach to remove friction from our economy." Trade groups representing homebuilders and landowners argue the bright-line standard provides long-sought clarity, allowing property development without navigating costly federal permitting processes.[1][3]

Environmental organizations warn the rule dismantles the foundational architecture of the Clean Water Act. Jon Devine, director of freshwater ecosystems at the NRDC, characterized the proposal as declaring "open season on the nation's waterways," shifting the costs of water treatment and flood damage onto downstream communities.[1][3][4]

The proposal supersedes an earlier draft released in November, which would have removed protections from an estimated 81 percent of wetlands nationwide. The agencies are accepting public comment on the supplemental rule for 30 days via the Federal Register, with industry analysts anticipating a final rule before the end of the year.[1][3][4]