Proposed EPA Rule Seeks to Limit Federal Oversight of Non-Navigable Waters

Trump administration initiative would ‘cut red tape’ in ‘Waters of the United States’ regulations, a watershed of confusion that spawned a flood of litigation.

Under a revised ‘Waters of the United States’ rule, the Lincoln Memorial Reflecting Pool in Washington does not qualify for federal oversight because it is an artificial, man-made pond, not a navigable water or connected to a navigable water like the Potomac River in the background. Andrew Leyden/Getty Images

The Environmental Protection Agency (EPA) on Nov. 17 unveiled a proposed rule that would trim federal regulatory oversight of the nation’s non-navigable waters under the Clean Water Act, a revision conceding “states and tribes know their local land and water resources best.”

When finalized, the EPA said the revised rule “will cut red tape and provide predictability, consistency, and clarity for American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners for permitting.”