On November 17, 2025, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) (collectively, Agencies) announced a proposed rule (Proposed Rule) to revise the regulatory definition of “waters of the United States” (WOTUS). The Proposed Rule was published in the Federal Register on November 20, 2025, starting the 45-day public comment period, which closes on January 5, 2026.
This Proposed Rule represents the latest iteration of the WOTUS definition, which has seen five finalized rules and one U.S. Supreme Court decision since 2015.
Background
As the ...
As announced via press release on November 10, 2025 and then officially in the Federal Register on November 13, 2025, the Environmental Protection Agency (EPA) proposed rolling back certain requirements related to reporting PFAS that were issued under President Biden’s EPA. The action aligns with the general approach EPA has taken under President Trump, which includes rolling back other PFAS regulatory action.
Background
The initial regulation, which was issued by EPA under the Toxic Substances Control Act (TSCA), was finalized at the end of 2023, as we discussed here. As ...
Per- and polyfluoroalkyl substances (PFAS) are the contaminant of concern across the water industry. The Biden administration was active in its approach to PFAS regulation, announcing drinking water maximum contaminant levels, new Superfund regulation, new listings of PFAS as hazardous constituents and more. Now that we are more than six months into President Trump’s second term, his administration’s approach and the reactions thereto are crystalizing. Determining the proper approach for regulating is significant and timely, as new data shows the ubiquity of PFAS, with at least 73 million Americans drinking water containing PFAS. ...
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