Issue WOTUS rule limited to relatively permanent waters per Rapanos; seek codification
Mandate seeks a WOTUS rule clarifying navigable waters, respecting property rights, and coordinating with Congress to codify the Rapanos relatively permanent waters test versus intermittent dry channels.
Mandate
Mandate Ch. 13 (EPA) — Office of Water New Policies: a WOTUS rule making clear what is/is not navigable water and respecting private property rights; coordinate with Congress to develop legislation if necessary to codify Rapanos definition that waters of the United States refer only to relatively permanent, standing or continuously flowing bodies of water as opposed to ordinarily dry channels.
Undo plan
1) Implement Supreme Court Sackett/Rapanos framework with wetland science guidance—not maximalist or minimalist extremes beyond case law.
2) Protect interstate waters and adjacent wetlands still covered by statute/precedent.
3) Provide landowner jurisdictional determinations quickly.
4) Seek clarifying legislation with bipartisan water infrastructure riders if needed.
5) Verify: JD timelines and aquatic resource acre trends.