On March 12,  new EPA Administrator Lee Zeldin announced that EPA will work with the United States Army Corps of Engineers to review the definition of “waters of the United States” (WOTUS) in the aftermath of the Supreme Court’s decision in Sackett v. EPA and prepare a new rulemaking. GCSAA Director of Federal and Congressional Affairs Bob Helland was at EPA headquarters for the announcement.

In May 2023, the Supreme Court unanimously ruled that the “significant nexus” test used by the Army Corps and the EPA to establish jurisdiction over certain wetlands and other water features was inconsistent with the Clean Water Act.  

Under Sackett, WOTUS encompasses:

1. Traditional interstate navigable waters;
2. Relatively permanent, standing or continuously flowing bodies of water connected to traditional interstate navigable waters;
3. Wetlands that have a continuous surface connection with either (1) or (2).

The Trump Administration will work toward a new WOTUS rule that takes into account the Sackett decision.

GCSAA is a long-standing active member of the Waters Advocacy Coalition in Washington.  The association has weighed in on the Obama, Trump (first term) and Biden Administration’s WOTUS rulemaking proposals. GCSAA is consistently advocating EPA, Congress and the Executive Branch on the need for a clear definition of WOTUS that includes the appropriate balance between state and federal regulatory control over surface waters (cooperative federalism) and will continue to do so.

For more information on the EPA’s announcement, visit Waters of the United States | US EPA.

You can also contact Helland directly for more information at 800-472- 7878, ext. 3659.