The Trump administration has unveiled a new rule that would dramatically reduce federal protections for millions of acres of wetlands and streams across the United States.

EPA Administrator Lee Zeldin announced the proposal on November 17, positioning it as a regulatory victory that will “cut red tape and provide predictability” for farmers, landowners, and businesses while still protecting America’s waters. But the reality is far more complex, with potentially severe consequences for drinking water quality, flood protection, and ecosystems nationwide.

The proposed “Waters of the United States” (WOTUS) rule fundamentally redefines which water bodies receive federal protection under the Clean Water Act. Following the Supreme Court’s 2023 decision in Sackett v. EPA, the proposal focuses protection only on “relatively permanent” water bodies—such as large rivers, lakes, and oceans—and wetlands that have a continuous surface connection to those waters and contain surface water “at least during the wet season.”

This interpretation goes beyond what the Supreme Court required, establishing an even narrower definition than the Biden administration’s response to the same ruling. The proposal removes federal jurisdiction over:​

• Seasonal streams and wetlands that only flow or hold water during certain times of the year
• Wetlands separated from navigable waters by natural features like berms or dunes
• Interstate waters as a standalone category
• Most isolated wetlands
• Groundwater

The rule also redefines key terms like “tributary,” requiring that tributaries connect to navigable waters through features with “predictable and consistent flow.”

According to the EPA’s own regulatory impact analysis, only 19 percent of mapped wetlands in the continental United States—approximately 17.4 million acres—would retain federal protection under the proposed rule. That means roughly 70 million acres of wetlands could lose federal safeguards, that’s 85 percent of the nation’s wetlands. ​

The impact varies dramatically by state. In Arizona, only 2.4 percent of wetlands would be protected under the new definition. In Iowa, about 5 percent would be covered. Kentucky would see protections for just 15 percent of its remaining 320,000 acres of wetlands.

The concerns center on several critical functions that wetlands provide:

Drinking Water Protection: Approximately 117 million Americans—one in three people—get drinking water from streams that were vulnerable to pollution before previous clean water rules, and even more rely on wetlands to filter pollutants and recharge aquifers. Without federal oversight, these water sources face increased contamination from industrial discharge, agricultural runoff, and development.​

Flood Mitigation: Wetlands act as natural sponges, absorbing floodwaters and protecting downstream communities. Research published in the American Economic Review found that wetland loss between 2001 and 2016 cost the United States an estimated $600 million or more per year in flood damages. Each hectare of wetland lost costs society an average of $1,840 annually in flood damages, jumping to more than $8,000 in developed areas.​

Water Quality: Wetlands naturally filter pollutants before they reach larger water bodies. The EPA’s own science shows that tributary streams and wetlands directly influence the quality of downstream waters. Removing protections means more pollution can flow into rivers, lakes, and coastal waters with no regulatory oversight.

The proposed rule has been published in the Federal Register and is open for public comment for 45 days. The EPA and Army Corps will host two hybrid public meetings to gather input.