The scope of federal jurisdiction under the Clean Water Act is about to change again, and this round of rulemaking is one that landowners, developers, and energy and infrastructure sponsors cannot afford to watch from the sidelines. On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) (together, the agencies) published a proposed rule that would substantially narrow the definition of “waters of the United States” (WOTUS) under the Clean Water Act, and on September 4, 2026, the agencies issued a supplemental notice seeking additional comment on two of the proposal’s most consequential definitions. Together, these actions signal that a new, narrower WOTUS rule is likely to take effect within the next year, and developers and landowners should be evaluating how the changes will affect their sites.

Other Clean Water Act news:

• American Farm Bureau: Podcast: AFBF comments on proposed WOTUS Rule
• Harvard Law School: Legal brief: WOTUS supplemental proposed rule