President Biden’s Waters of the United States (WOTUS) rule went into effect on March 20. The rule officially rescinds the Trump-Pence WOTUS rule and places hundreds of thousands of streams and waterways under the jurisdiction of the federal government. The rule significantly expands federal regulatory authority by redefining “waters of the United States” to include traditional navigable waters, the territorial seas, interstate waters, as well as impoundments of these waters, their tributaries, and a wide set of adjacent wetlands. It also includes lakes, ponds, streams, and other wetlands that either form a “significant nexus” with these waters, or are “relatively permanent.” The executive overreach means that all of these waters will now officially fall under the Clean Water Act.
