ACEC National-Water & Environment UpdateS

It has been a very eventful week on the water and environment front here in DC, and I wanted to take a moment to update you on some recent developments and opportunities for future engagement. 

Draft WOTUS Rule Released

In big water news, the highly anticipated re-write of the Waters of the United States, or "WOTUS" rule was released earlier this week by the EPA and Army Corps of Engineers and published in the Federal Register yesterday.  As expected, the proposed rule would make significant changes to the WOTUS definition to reduce the scope of Clean Water Act jurisdiction over wetlands and tributaries.  ACEC is still reviewing the proposed rule and determining our next steps in response.  Yesterday's publication in the Federal Register kicks off a 45-day public comment period for stakeholders to submit comments on the draft rule, which the agencies will then review prior to issuing a final rule next year. 

A link to the Federal Register notice is here:  www.epa.gov/system/files/documents/2025-11/...

Key Changes in the Proposed Rule:

·        New definitions: The proposes rule adds definitions for key terms from the Supreme Court's Sackett decision including "continuous surface connection" and "relatively permanent."

·        Revised definitions: The proposed rule adds or changes definitions for terms that were utilized in parts of the existing regulation including "ditch," "prior converted cropland," "tributary," and "waste treatment system."

·        Reduction in the scope of covered waters: The rule narrows the scope of Clean Water Act jurisdiction over bodies of water that are currently considered WOTUS.  For example, tributaries must directly connect to traditional navigable waters and wetlands must have a continuous surface connection to a jurisdictional water in order to be covered by the Clean Water Act.  Additionally, interstate waters may no longer be jurisdictional unless they meet other criteria. 

·        New exclusions: Groundwater is now explicitly listed as an exception from the definition of WOTUS.

Please reach out to me directly if you are planning to file comments or would like to discuss the proposed rule. 

Draft Changes to the Endangered Species Act

This week, the U.S. Fish and Wildlife Service released a set of proposed rules that would make changes to the Endangered Species Act.  You can read more about the Administration's proposed actions here: www.fws.gov/press-release/2025-11/...

The proposed rules would:

• Remove the Biden-era language that specified ESA listing decisions must be made "without reference to possible economic or other impacts of such determination." While the law will still require that listings be made solely on the basis of the best scientific and commercial data available, removing the "without reference" language will allow for cost-and-benefit studies to be conducted for the public to consider.

• Remove the Fish and Wildlife Service's use of a "blanket 4(d) rule" that automatically gives all threatened species the same strict level of protection as species designated as endangered. Under the Trump administration proposal, every threatened species would have a tailored protection plan that could allow for specified exceptions to the ESA ban on harming listed species.

• Revise the factors taken into account when an agency designates critical habitat. The proposal highlights an assortment of national security and economic impact categories that could keep an area from being designated as critical habitat.

• Remove a Biden-era rule that allowed FWS to compel a project proponent to "offset" and not simply mitigate impacts to listed species' habitat.

Take note: the draft rules only have a 30-day public comment period, which will end on December 22, 2025. 

Permitting Legislation Advances through House Natural Resources Committee

Yesterday, the House Natural Resources Committee advanced a slate of bills that included two bipartisan permitting reform bills supported by ACEC.  The SPEED Act and the ePermit Act are now expected to head to the House Floor for consideration, although timing for when they will be taken up by the full House is still uncertain.  The bills voted on by the Committee were:

H.R. 4776, the Standardizing Permitting and Expediting Economic Development (SPEED) Act, introduced by U.S. Reps. Bruce Westerman (R-Ark.) and Jared Golden (D-ME), will make critical improvements to the National Environmental Policy Act of 1969 (NEPA) to streamline the permitting process and restore the law to its original purpose as a procedural statute that sets parameters for evaluating and disclosing the environmental impact of major federal actions. The bill will shorten permitting timelines, reduce the frequency of litigation, set reasonable limits on judicial review timelines and clarify when NEPA is triggered.  A link to ACEC's statement on the SPEED Act can be found here: www.acec.org/news/last-word-blog/post/...

H.R. 4503, the ePermit Act, introduced by U.S. Rep. Dusty Johnson (R-S.D.) and Scott Peters (D-CA), will provide legislative direction on how federal agencies should implement electronic permitting systems and clarify CEQ's authority to coordinate interagency efforts on permitting technology.

Reminder: December Subcommittee Meetings

Our newly-created subcommittees will hold inaugural virtual meetings during the month of December. Please save the following dates and times if you would like to join one of the meetings:

• The Water Subcommittee, chaired by Andrew Birmingham of JMT, will meet virtually on Monday, December 8, 2025 from 11am-12pm

• The Environment Subcommittee, chaired by Brian Schaffer of Pinyon Environmental, Inc., will meet virtually on Tuesday, December 16, 2025 from 11am-12pm

Calendar invites with Teams Links will be sent out prior to the meetings

I hope everyone has a good Thanksgiving holidays, and please don't hesitate to email me directly at jbaugh@acec.org with any questions.

Jordan