By: Susie
On November 17th, 2025, the United States Environmental Protection Agency (EPA) and Army Corps of Engineers (Army Corps) proposed a new rule making, Updated Definition of ‘‘Waters of the United States’’ (Docket ID EPA-HQ-OW-2025-0322) that will substantially reduce the amount of wetlands, streams, and other water bodies subject to federal regulation. What that means is it is easier to develop and destroy these critically important ecosystems, which have already undergone significant losses.
The proposed rule aims to change several definitions of what a “Waters of the US” (WOTUS) means. These definitions are used to determine what waterbodies are federally regulated, and therefore, subject to a permit. The permits ensure that water quality is not degraded and that there is no net loss of wetlands. However, with the newly proposed rule, it is estimated that over 80 million miles of stream and 38 to 70 million acres of wetlands are at risk, meaning no permit will be needed to destroy these ecosystems.
The rule substantially reduces what waterways are not regulated because it bends science to meet other objectives. It will narrow the scope of what a WOTUS is, aiming to require federally regulated waters to be permanent and continuously connected, rather than acknowledging the ephemeral and ever changing nature of water and wetlands. The proposed changes are a continuation of the Trump administration’s constant effort to reduce protections for wetlands and streams to facilitate development and exploration across the county, and reflects their complete disregard for science-based policy.
The rule underwent a 45-day comment period which commenced on January 5th, 2026. Hoosier Environmental Council joined forces on two different fronts, signing on to comments written by the Environmental Law and Policy Center and the Water Protection Network, calling on the agencies to withdraw the proposed rule. Read the comments below.
Interested in learning more about the proposed rule making, its impacts, and other issues related to water? Check out the readings below.
Further readings:
- EPA & Army Corps Unveil Clear, Durable WOTUS Proposal – EPA
- Polluted Water Rule – Sierra Club
- Mapping destruction: Using GIS modeling to show the disastrous impacts of Sackett v. EPA on America’s wetlands – National Resources Defense Council
- Safe Waters of the United States are Critical to All – Environmental Law and Policy Center
- Permission to Pollute Act Factsheet – Clean Water Action
- Clean Water for All Homepage
- Water Protection Network Homepage
- The Next Blow in the Water Fight: EPA and Army Corps Issue Proposed Rule – Nossaman LLP
Categories: Indiana Clean Water, Public Comments, Water & Wilderness Protection, Wetlands