Stop the Back and Fourth: EPA and the Army Corps of Engineers are working to update the definition of WOTUS

“We can finally put into place rules that will have some staying power, which will give certainty to landowners across the country.”

The EPA and Army Corps of Engineers are working to update the definition of Waters of the United States after a Supreme Court ruling. It signals a turning point in an issue that has caused uncertainty for farmers and ranchers for more than a decade.

According to Rep. Dan Newhouse, “We can finally put into place rules that will have some staying power, which will give certainty to landowners across the country. I’m glad that the current EPA leaders are opening this up so that we can achieve the certainty that property owners have so long been working for.”

Newhouse is hopeful the agencies will get it right, in light of the Supreme Court’s Sackett decision.

“This yo-yos back and forth depending on who’s in the White House or who’s controlling Congress,” he notes. “People need more certainty than that so that they can make long-term decisions on how to utilize their property.”

Last month, the EPA and Army Corps released new guidance. They removed the “discrete features” rule, which means wetlands separated by things like berms or dry land no longer count as waters of the United States.

Related Stories
Coverage on “Market Day Report,” Wed, 2/25 – Fri, 2/27, 2026
Lori Stevermer with the National Pork Producers Council reacts to the USDA’s speedline proposal, the new Farm Bill’s fix for California’s Prop-12, and other policy developments impacting the pork industry.
South Texas farmers say water shortages continue despite Mexico’s renewed payments under the 1944 Water Treaty.
Red Flag Warning in effect as high winds fuel fast-moving blaze across Oklahoma, Kansas, and Texas
Investigations are now ongoing following a massive explosion and fire at the Koch Foods poultry plant in Fairfield, Ohio, which claimed one life and injured at least three other workers at the plant.
Roger McEowen with the Washburn School of Law reviews key highlights from the House Agriculture Committee’s latest farm bill proposal.