WASHINGTON, D.C. (RFD-TV) — The Trump Administration has released a new Waters of the United States (WOTUS) proposal designed to narrow federal jurisdiction and give farmers a clearer understanding of which water features require Clean Water Act permits.
Environmental Protection Agency (EPA) Administrator Lee Zeldin said the rule follows the Supreme Court’s Sackett decision and aims to end years of shifting definitions that created uncertainty for producers. The proposal focuses federal oversight on relatively permanent waters — such as streams, rivers, and lakes — and on wetlands that are directly connected to those waters through a continuous surface connection.
The plan preserves key agricultural exclusions, including prior converted cropland, certain ditches, and waste treatment systems, and adds a new exclusion for groundwater. Industry groups say this approach brings long-awaited clarity after years of regulatory swings. Farm Bureau, the Agricultural Retailers Association, and House Agriculture Chairman GT Thompson all praised the proposal for reducing unnecessary permitting burdens and better aligning with longstanding farm practices.
For producers, the proposal could reduce compliance costs and limit federal oversight of isolated or temporary water features that routinely appear in farm fields. States would gain more authority over locally significant streams and wetlands, while farmers would have greater certainty when planning construction, drainage, conservation practices, and routine fieldwork.
Changing WOTUS Could Reduce Costly Litigation for Producers
The decades-long debate over WOTUS has cost farmers and ranchers substantial legal fees. The National Cattlemen’s Beef Association (NCBA), the nation’s largest cattle group, told RFD-TV News on Wednesday that it hopes the latest moves by the Environmental Protection Agency (EPA) will put an end to costly litigation.
NCBA Chief Counsel Mary-Thomas Hart joined us on Wednesday’s Market Day Report to offer a perspective on the latest developments surrounding WOTUS regulation, a long-running issue for farmers and ranchers across the country. In her interview with RFD-TV News, Hart discussed the regulatory history of WOTUS, how shifting definitions under multiple administrations have created uncertainty for producers, and the impact those changes have had on agricultural operations over the years. She also explained what the latest WOTUS ruling means moving forward, whether it is considered final, and how the newly revised rule compares to past versions. She outlined key components of the update and what she’s hearing from ranchers and industry stakeholders as they review the changes.
Additionally, Hart spoke about the next steps in the regulatory process, potential hurdles that may arise, and NCBA’s longstanding advocacy on the issue — including its amicus brief in the Sackett case, which centered on a family facing years of regulatory delays. She highlighted how NCBA continues working to reduce burdensome requirements and provide clarity for cattle producers nationwide.
“That’s certainly been the trend in the past, but I think after the Sackett ruling, it’ll be tough for anyone to be successful in litigation against this rule because it is implementing a Supreme Court standard nearly to the letter,” Hart explained. “So, you know, I’m excited. I hope this is a rule we can get everyone on board with, one that shows it really strikes the balance between protecting our nation’s natural resources and protecting landowners’ constitutional rights.”
At his confirmation hearing earlier this year, EPA Administrator Lee Zeldin told senators that lawsuits are top of mind for him as well.
“There are cases that have come out from the Supreme Court that provide the EPA with clear guidance on how we must do our job under the law,” Zeldin said. “It is important that when you’re going back to your home state and you’re speaking to your farmers, that you be able to explain, with confidence, to them that the federal government is doing our part so they can define what Waters of the U.S. are without them having to go hire an attorney or someone else, pay a lot of money to ensure compliance.”
The proposed WOTUS rule, out this week, clarifies key terms such as “tributary” and “continuous surface connection” following the Supreme Court’s wetlands decision. The Trump Administration says the goal is to cut red tape and provide predictability for landowners and industry.
