The Environmental Protection Agency (EPA) has announced a proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act. This update is intended to bring federal regulations in line with the Supreme Court’s 2023 decision in Sackett v. EPA.
Senator Shelley Moore Capito, Chairman of the Senate Environment and Public Works Committee, expressed support for the proposal. “I applaud the Trump EPA’s proposed rule to make the regulatory definition of waters of the United States consistent with the text of the Clean Water Act. This proposal takes an important step toward providing a clear and legally-sound framework that aligns with the Supreme Court’s Sackett decision and right-sizes federal jurisdiction. I appreciate the Trump EPA’s effort to take public input in developing this proposal, including by holding a listening session in Charleston to allow West Virginians the opportunity to share their perspectives,” Capito said.
She added, “The proposed rule ensures that only wetlands with a true, continuous connection to jurisdictional waters fall under federal oversight. This action will reduce unnecessary burdens and bring predictability to the landowners, farmers, energy producers, and builders who rely on understandable and workable regulations, while continuing to protect our nation’s water. Today’s announcement is welcomed news, and I look forward to the final WOTUS rule in the coming months.”
Senator Capito has been active on issues related to WOTUS regulation over recent years. In March 2025, she issued a statement supporting EPA’s initiation of public comment on future WOTUS rulemaking elements. She participated in an October 2023 committee hearing after the Supreme Court struck down what she described as President Biden’s “overreaching” WOTUS rule.
Capito also noted her disappointment with previous regulatory efforts by stating that despite the Supreme Court’s rejection of Biden administration definitions in Sackett v. EPA, regulatory overreach persisted. In March 2023, her Congressional Review Act resolution aimed at overturning President Biden’s WOTUS rule passed in the Senate by a vote of 53-43.
Prior actions include leading congressional letters requesting delays or additional clarity regarding changes to WOTUS definitions and advocating for extended public engagement processes about replacing existing rules.
The Supreme Court ruling in May 2023 narrowed federal authority over state and private regulation under WOTUS provisions within the Clean Water Act.
Senator Capito has also introduced or supported legislation designed to codify previous Trump administration definitions related to water regulations.
