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Environmental Protection Agency Administrator Lee Zeldin announced a new proposed rule revising the definition of “waters of the United States.” The NAM has been working to right-size this regulation for more than a decade to make it less restrictive for manufacturers seeking to build and invest in the United States.

What it does: “The proposal aims to bring Clean Water Act protections for waters and wetlands in line with the U.S. Supreme Court’s 2023 ruling in Sackett v. EPA, which reduced the scope of federal jurisdiction over waters and wetlands” (Bloomberg Law).

• The rule, if enacted, will reverse the Biden administration’s definition, which the current EPA contends did sufficiently conform to the Sackett decision—a position the NAM also holds.
• The newly proposed rule is intended to be a “durable” definition that will end the cycle of successive administrations redefining the standard, according to Zeldin.

The NAM says: “For too long, the regulatory structure under the WOTUS rule, which often has included shifting and unclear definitions, has created legal uncertainty for manufacturers in the U.S., undermining our ability to invest and build across the country. Understanding which bodies of water require federal oversight under the Clean Water Act is critical for manufacturers planning new projects,” said NAM President and CEO Jay Timmons.

• “Manufacturers have spent decades calling for a durable, practical approach to WOTUS—one that provides clear permitting standards and supports our industry’s commitment to environmental stewardship.”
• “Even after the Supreme Court’s decision in Sackett v. EPA, which established a narrower definition for bodies of water that fall under federal jurisdiction, the EPA’s 2023 rule unnecessarily rewrote critical permitting standards, overlooked substantial public input and failed to fully reflect the Court’s guidance.”

NAM in action: The NAM’s longstanding advocacy of revising this burdensome regulation was instrumental in achieving this step forward.

• The NAM submitted multiple sets of comments regarding the 2015 WOTUS rule to better inform policymakers. During President Trump’s first term, the NAM supported the 2017 executive order instructing the EPA to rescind the rule, and the NAM Legal Center had been in active litigation against the rule starting in 2015.
• The legal battle included a unanimous victory for the NAM at the U.S. Supreme Court on a key procedural issue, and in 2019, federal judges invalidated the rule.
• In 2019, former EPA Administrator Andrew Wheeler and former Assistant Secretary of the Army for Civil Works R.D. James joined Timmons at NAM headquarters to announce the finalization of a rule to repeal the 2015 WOTUS rule and clear the way for a new rule to protect America’s water resources without overstepping the bounds of the law.

Relentless effort: The NAM kept up its advocacy during the Biden administration, which revised the rule twice, and has continued its efforts following the second election of President Trump.

• In December 2024, the NAM, along with more than 100 manufacturing associations, sent a letter to President Trump laying out a roadmap for regulatory actions that would boost the manufacturing economy, including revising the WOTUS rule.
• The NAM also called for changes to WOTUS in recommendations submitted to the Office of Management and Budget in April.

NAM in the news: The NAM’s statement was cited by POLITICO Pro (subscription) and The Washington Post (subscription), as well as the Bloomberg Law article mentioned above.

The last word: “Manufacturers appreciate Administrator Zeldin’s leadership in advancing this proposal, which provides a definition that is more consistent with the law and that better serves manufacturers and the communities we support across America. We look forward to working with the agency to achieve a strong final rule for manufacturers,” Timmons concluded.