WOTUS 2025/2026: The Regulatory Pendulum Swings Again as Agencies Propose New Definitions

This comes over two years after the Agencies published the Revised Definition of “Waters of the United States” and just months after the U.S. Supreme Court’s decision in Sackett v. EPA (“Sackett“) prompted emergency surgery to remove the “significant nexus” test (the “Amended 2023 Rule”). On November 20, 2025, the Agencies released a notice of proposed rulemaking that, if adopted, would again rewrite the scope of federal jurisdiction under the Clean Water Act (“CWA”).... By: Ward and Smith, P.A.