WOTUS ‘Wet Season’ Test Would Further Shrink US Regulatory Reach, E&E News
December 01, 2025Partner Duke McCall spoke with E&E News about a proposed rule from the US Environmental Protection Agency (EPA) and the Army Corps of Engineers to amend the regulatory definition of “waters of the United States” (WOTUS) under the Clean Water Act. The change would implement the current administration’s interpretation of the US Supreme Court’s landmark 2023 ruling in Sackett v. EPA.
Duke noted that he did not expect the agencies to go with the “perennials-only” approach put forward in the proposed rule.
“If you limit the definition to only cover perennial streams and exclude intermittent or seasonal streams, that on its face would appear to be inconsistent with Sackett,” Duke said. “I think there’s a recognition that would be challenging given the language of the Supreme Court’s decision.”