Zeldin overhauls Biden-era water rule to end ‘weaponization’ that led ‘puddles’ to trigger pricy permits

EPA chief Lee Zeldin announces major overhaul of Biden-era water regulations that forced landowners to pay costly permits for building on soggy ground and puddles.

EPA Administrator Lee Zeldin of New York speaks before Congress. (AP Photo/Mark Schiefelbein)

The Obama administration greatly broadened WOTUS’ definitions, before the Trump administration relented some of those new regulations – to which the Biden administration again greatly expanded federal jurisdiction over areas of land that could include ephemeral streams, and low-lying spots prone to naturally-collecting water that could be found to have a "significant nexus" to navigable water.

The EPA said Monday that the new rule, drawing on a court decision in favor of exasperated landowners, is delivering on another Trump administration promise to provide regulatory clarity while also protecting America’s waterways.

The rule, crafted in concert with Assistant Secretary of the Army for Civil Works Adam Telle, will provide long-term economic relief for farmers and ranchers who spent years wondering whether a simple "puddle [could] trigger federal permits" and energy producers fearing "regulatory quicksand."

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The EPA said Americans joined nine "listening sessions" and collectively stated the same thing – that WOTUS needs clear, commonsense parameters that balance environmental stewardship with the ability to farm, ranch, homestead and speculate energy.

The rule will define regulatory terms like "relatively permanent" (in the case of waterways), "tributary" and align the scope of the rule with the original Nixon-era intent.

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Then-President Joe Biden talks to then-EPA Administrator Michael Regan. (Drew Angerer/Getty Images)

Once the construction crew began spreading gravel on what was described as a "soggy" parcel in proximity to other homes, the Obama EPA swooped in and threatened them with nearly $33,000 per day in fines for continuing their project, according to Bloomberg – or face potential six-figure costs to file the proper permits, which reports said the agency itself suggested would ultimately be denied, according to multiple reports.

The Sacketts sued, and the case ultimately resulted in a unanimous Supreme Court decision in their favor in 2023.

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"[O]nly those wetlands and waters that have a continuous surface connection to bodies that are waters of the United States in their own right," the justices wrote.

The decision led the Biden administration to narrow its own writing of the rule to align with the court’s edict – which the Trump administration pared down and clarified further with this announcement.

Senate Minority Leader Chuck Schumer, D-N.Y., ripped the decision, saying the "MAGA Supreme Court is continuing to erode our country's environmental laws."

"Make no mistake – this ruling will mean more polluted water, and more destruction of wetlands," Schumer said.

Charles Creitz is a reporter for Fox News Digital. 

He joined Fox News in 2013 as a writer and production assistant. 

Charles covers media, politics and culture for Fox News Digital.

Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.

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