White House Hears From ARTBA Members on WOTUS; Rule Expected Soon

What happened: ARTBA members met with the White House Office of Information and Regulatory Affairs (OIRA) Sept. 8, to share perspectives ahead of EPA’s proposed Waters of the United States (WOTUS) rule.

“Uncertainty is the death of business,” said Security Paving’s John Gasparo, underscoring contractors’ need for clear lines on what is—and isn’t—subject to Clean Water Act permitting. The administration has indicated the proposal will align with the U.S. Supreme Court’s Sackett decision.

OIRA also heard from the Utah Department of Transportation’s Naomi Kisen and HNTB’s John Barton. Kisen offered technical, on-the-ground insights on navigating lengthy and evolving reviews. Barton encouraged EPA to account for geographic variability and resolve current ambiguities.

Why it matters: Transportation construction projects that create, widen, or maintain roadside drainage can trigger additional procedures if those features are deemed jurisdictional WOTUS. ARTBA has long argued that roadside ditches (engineered to convey stormwater away from roadways) do not meet WOTUS criteria and should be categorically excluded.

What’s next: EPA’s proposal is expected in the coming weeks, followed by a public comment period. ARTBA will convene a member working group once the proposed rule is released. Contact ARTBA’s Prianka Sharma for details.