The federal environmental watchdog is slashing jobs while moving to sharply limit the scope of federal waterway protections—two actions will likely affect wildlife and wetland habitats.
The U.S. Environmental Protection Agency’s (EPA) newly proposed “Waters of the United States” (WOTUS) definition in the Clean Water Act will redefine which wetlands and waterways qualify for federal oversight.
WOTUS are protected under the Clean Water Act, which requires federal permits for pollutant discharges and for dredge-and-fill activities that could degrade those waters.
The 2023 Sackett v. EPA ruling limited the federal government’s authority by narrowing which wetlands and streams fall under the Clean Water Act, requiring that a wetland be “indistinguishably part” of a larger water body. The agency asserts that the proposed rule is more in line with the Supreme Court’s Sackett v. EPA decision. The proposed WOTUS definition refocuses federal jurisdiction under the Clean Water Act on relatively permanent, standing, or continuously flowing bodies of water, such as streams, oceans, rivers, and lakes, as well as wetlands directly connected to them. It also proposes:
- That jurisdictional tributaries must connect to traditional navigable waters either “directly or through other features that provide predictable and consistent flow,” removing those that do not meet the continuous-surface-connection test.
- The use of terms like “wet season” to help decide whether a water body qualifies under WOTUS.
- Reductions in the number of permafrost wetlands eligible for federal protection
The proposed changes to the definition are intended to provide clarity and consistency. If passed, the rule changes will limit the wetlands and temporarily flowing waters that receive protection under the Clean Water Act, with potential implications for wildlife dependent on these sources of water. The agency published the proposed rule on November 20, 2025, and will accept public comments until January 4, 2026. The agencies will hold two in-person public meetings, with an option for virtual participation which will be posted online.
EPA staff cuts
At a moment when the Administration is restructuring research offices and tightening its regulatory reach, it raises questions about the EPA’s capacity to implement policy like the Clean Water Act amid upheaval.
The proposed rule arrives as the federal government is implementing one of the most significant workforce shake-ups in its history. More than 2,600 agency employees have accepted the Administration’s “Fork in the Road program,” which gives federal workers the option of deferred resignation. More than 17% of the agency’s staff has left or will leave, mirroring a broader loss of 154,000 federal workers as part of the Administration’s mass resignation plan to reduce the federal government’s payroll.
Concurrently, the Office of Research and Development closed on October 3, and the EPA launched the new, smaller Office of Applied Science and Environmental Solutions.
It remains to be seen if a leaner EPA can uphold the Clean Water Act as its jurisdiction narrows.
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