Analysis of the New Proposed “Waters of the United States” (WOTUS) Rule

On November 20th, 2025, the EPA and the Army Corps of Engineers proposed a rule to define what “waters of the United States” (WOTUS) means under the Clean Water Act. This is yet another effort to finally provide a durable WOTUS rule. Fortunately, the 2023 Supreme Court opinion in Sackett v. Environmental Protection Agency provided much-needed clarity for the agencies when determining what are regulable waters. Have the agencies developed a proposed rule that is consistent with Sackett? How have they defined key terms like “relatively permanent” and “continuous surface connection” and what wetlands would be regulated?The public comment period for this rule ended on January 5th, 2026, with a final rule likely to come out in the coming months. Please join our panel of experts as they detail what is in the rule, provide analysis and perspective on the rule, and explain what changes the agencies should make for any final rule.Featuring:Prof. Pat Parenteau, Professor of Law Emeritus, Vermont Law SchoolJohn Paul Woodley, Principal, Advantus Strategies, LLCDamien Schiff, Senior Attorney, Pacific Legal Foundation(Moderator) Daren Bakst, Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute