EPA Improves Clarity in New Wetlands Guidance

What happened: U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced new guidance on implementing the Waters of the United States (WOTUS) rule March 12, aligning federal wetlands jurisdiction with the Supreme Court’s unanimous Sackett decision from 2023. The guidance rescinds inconsistent policies issued by the Biden administration and initiates a public comment process to refine future rulemaking.

Why it matters: ARTBA has advocated for exemption of roadside ditches from WOTUS – through federal legislation, rulemaking and litigation – for decades. Most recently, in 2023 ARTBA joined a broad coalition of industry groups suing the Biden-era EPA over its attempt to further expand jurisdiction, in conflict with Sackett.

Following Admin. Zeldin’s announcement, where ARTBA was among the invited organizations in attendance, CEO Dave Bauer applauded the move, saying, “This long-overdue guidance is critical for reducing the regulatory uncertainty that delays infrastructure improvements and needlessly increases their costs.”

What’s next: As the Trump administration crafts a final WOTUS rule, ARTBA will seek maximum regulatory clarity exempting ditches. Prianka Sharma is the contact.