The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA decision.
In Nossaman’s California Water Views – 2025 Outlook, we dive into the latest developments, providing a an overview of significant regulatory changes underway to the Clean Water Act (CWA) Section 404 permitting processes. We discuss various Executive Orders that are expected to have implications for the implementation of the CWA, insights into federal and district court cases challenging previous WOTUS definitions and what we might expect from the Administration’s efforts to promulgate a new WOTUS definition in alignment with Sackett and reissue the Nationwide Permits (NWP)--and how these considerations may impact project planning.
To further highlight the fast-paced changes to how the agencies are implementing the Clean Water Act, since the publication of California Water Views – 2025 Outlook, the agencies have published a proposed reissuance of the NWPs and have announced conclusion of the WOTUS listening sessions as well as their commitment to proposing a draft WOTUS rule in the coming months and a final rule by year’s end.
Whether you're a project proponent, environmental consultant or regulatory expert, understanding these shifts is crucial to navigating today's regulatory landscape.
