What’s Up With WOTUS?
What’s Up With WOTUS?

The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA decision.

In Nossaman’s California Water Views – 2025 Outlook, we dive into the latest developments, providing an overview of significant regulatory changes underway to the Clean Water Act (CWA) Section 404 permitting processes. We discuss various Executive Orders that are expected to have implications for the implementation of the CWA, insights into federal and district court cases challenging previous WOTUS definitions and what we might expect from the Administration’s efforts to promulgate a new WOTUS definition in alignment with Sackett and reissue the Nationwide Permits (NWP)--and how these considerations may impact project planning.

To further highlight the fast-paced changes to how the agencies are implementing the Clean Water Act, since the publication of California Water Views – 2025 Outlook, the agencies have published a proposed reissuance of the NWPs and have announced conclusion of the WOTUS listening sessions as well as their commitment to proposing a draft WOTUS rule in the coming months and a final rule by year’s end.

Whether you're a project proponent, environmental consultant or regulatory expert, understanding these shifts is crucial to navigating today's regulatory landscape.

  • Rebecca Hays Barho
    Partner

    Rebecca Hays Barho focuses her practice on natural resource law, with particular emphasis on the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), the Clean Water Act ...

  • Sara  Johnson
    Partner

    Sara Johnson represents national- and state-based trade associations in the ecological restoration and mitigation industry. She advises clients on their policy priorities, strategic planning and association governance – ...

California Water Views provides timely and insightful updates on the water sector in the state. We relay information on how water legislation and policy from the nation’s capital, Sacramento, and around the U.S. affect California’s water utilities, agencies, practitioners, and consumers.  We also write about important events, conferences, legal cases, and other key happenings involving all things water in and around California.

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