EPA to review ‘waters of the United States’ with the goal of reducing red tape and permitting costs

The Environmental Protection Agency announced Wednesday it’s reviewing the definition of “waters of the United States." 

The review follows the 2023 Supreme Court ruling in Sackett v. EPA, which limited the definition of what constitutes a “waters of the United States.” The EPA hopes a review of the definition will cut red tape and permitting costs. 

“We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” EPA Administrator Lee Zeldin said in a statement. 

The definition of “waters of the United States” determines if federal permits are needed for any activity that might impact an area. Farmers, landowners and businesses have had to obtain costly federal permits or faced fines for failing to gain those permits, even on private land. 

In Sackett v. EPA, the high court ruled that these “waters” are limited to relatively permanent, standing or continuous flower bodies of water such as streams, oceans, rivers and lakes. Previously a much broader definition was used, impacting a wide range of activities.