Protect Our Streams, Wetlands, and Wildlife - Oppose the New Proposed WOTUS Definitions

On November 20th, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers announced a new proposed rule to clarify the definition of "waters of the United States" (WOTUS) under the Clean Water Act. The proposal aims to implement the Supreme Court's 2023 Sackett v. EPA decision to limit the federal government's authority under the Clean Water Act. In doing so, this proposed rule adopts narrower definitions of "relatively permanent" and "continuous surface connection" to determine whether waters fall under federal Clean Water Act (CWA) jurisdiction. In practice, these restrictive definitions would remove protections from thousands of miles of streams and vast acres of wetlands- particularly those that are seasonal, intermittent, or ephemeral. The rule was published in the Federal Register on November 20, 2025, and public comments will be accepted through January 5, 2026. 

Although the full impacts remain to be seen, the proposed rule would sharply limit the federal government's ability to regulate pollution and conserve fish and wildlife habitat. Analyses of the EPA's Regulatory Impact Analysis indicate that only about 19% of wetlands listed in the National Wetlands Inventory would remain protected. And with just 13 states maintaining laws comparable in scope to the CWA- and only about half of states having any statewide water protections- this proposed rule would significantly reduce oversight of pollution, dredging, draining, and development across the country. 

For anglers, small streams, ephemeral waterways, and wetlands serve as the lifeblood of healthy fisheries. Headwater streams nurture trout, salmon, and other game fish, while wetlands and seasonal waterways provide critical spawning and rearing habitat. Without protection for these waters, water quality declines, spawning grounds are lost, and fish populations that anglers rely on face increased risk. 

For hunters, wetlands, prairie potholes, and ephemeral streams provide essential habitat for waterfowl and other game species. These areas offer breeding grounds, feeding areas, and migratory stopovers for ducks, geese, and other birds that hunters pursue. Reducing protections for these waters threatens the habitats that sustain healthy populations and reliable hunting opportunities. 

Join BHA in opposing these changes to WOTUS and supporting clean water and aquatic habitats across the country.