News & Insights

Washington, D.C. – Following Environmental Protection Agency Administrator Lee Zeldin’s announcement of a new proposed Waters of the United States rule, National Association of Manufacturers President and CEO Jay Timmons released the following statement:

“Manufacturers thank EPA Administrator Lee Zeldin for listening to the concerns of our industry and revising the definition of the Waters of the United States rule to bring certainty and predictability.

“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.

“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.

“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.”

Background

In December 2024, the NAM, along with more than 100 manufacturing associations, sent a letter to President Donald 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.

The NAM has long argued against a more expansive interpretation of WOTUS. 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.

In 2022, the Biden administration revised the 2019 rule. The rule was again revised following a Supreme Court decision in Sackett v. EPA in 2023 that narrowed the jurisdiction of the Clean Water Act and all regulations within its authority.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.90 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org. 

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