EPA and Army Corps Move to Narrow Federal Water Oversight
The agencies proposed new definitions for regulatory terms under the Clean Water Act, reducing federal oversight of streams and wetlands. They suggest defining 'relatively permanent' as a waterbody that dries no more than once per year for up to 30 days, further constricting federal authority.
The proposed rule would define “relatively permanent” as a waterbody that dries no more than once per year for up to 30 days, meaning even brief seasonal interruptions could strip federal jurisdiction. This follows the Supreme Court’s 2023 Sackett decision, which already limited protections to wetlands with a continuous surface connection to navigable waters. The agencies are also revisiting terms like “continuous surface connection” and “perennial,” potentially excluding many ephemeral streams and isolated wetlands from Clean Water Act permitting. The rule is part of a broader package that includes exempting ships from certain pollution permits, alongside unrelated actions on mining, wildfire outlooks, cybersecurity grants, and a data center’s wetlands-filling application.
This narrowing could significantly reduce federal safeguards for seasonal waterways and wetlands, which are vital for flood control, groundwater recharge, and wildlife habitat. Farmers, developers, and industry may face fewer permitting hurdles, but communities reliant on downstream water quality could see increased pollution risks. The definition’s reliance on annual drying patterns may prove unstable under climate change, where drought frequency is rising. Courts and future administrations will likely shape the final impact, leaving regulatory certainty elusive for all parties.