Why the EPA’s Proposed WOTUS Rule Matters for Construction
On Nov. 17, 2025, the Environmental Protection Agency and U.S. Army Corps of Engineers announced a proposed rule on a common-sense definition of “waters of the United States” under the Clean Water Act.
Generally, the proposed ruling aims to define and clarify the scope of federal jurisdiction over Clean Water Act permitting, which in past years has been unclear. According to an EPA fact sheet, the proposed rule would ensure federal jurisdiction is focused on “relatively permanent, standing or continuously flowing bodies of water.”



