The Biden administration on Thursday released a long-awaited proposal to restore wetlands protections lost during the Trump era.
The proposal, which is expected to trigger a wave of new litigation, partially restores the pre-2015 definition of the waters of the United States, or WOTUS, under the Clean Water Act. It substantially unwinds the Trump administration’s Navigable Waters Protection Rule, which lifted federal jurisdiction over many small streams and other wetlands, and prevents developers from needing a federal permit for work in those waterways.
The Trump rule was itself a rollback of the Obama administration’s 2015 expansion of water protections.
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