Monthly Meeting Environmental COI: New Waters of the US Definitions

New Waters of the US Definitions Post-Sackett Decision

On November 20, 2025, the EPA and USACE published a proposed rule in the Federal Register for public comment that would revise the regulations defining the scope of waters federally covered under the Clean Water Act, in light of the U.S. Supreme Court's 2023 decision in Sackett v. EPA. The Proposed Rule includes new definitions for key terms, such as relatively permanent waters, tributary, and continuous surface connection for adjacent wetlands, and clarifies several excluded features. The Final Rule is expected to be issued and become effective in 2026, with the anticipated changes resulting in a substantial decrease in federal jurisdiction over aquatic features, including streams and wetlands. Our presentation will review the Clean Water Act, the Sackett Decision, ongoing agency rulemaking, and provide examples of Oklahoma streams and wetlands to illustrate the expected changes in federal jurisdiction.

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