Federal Jurisdiction Over Wetlands and Waters of the U.S. (WOTUS) to be Impacted by New Proposed Rule – Spencer Fane

Report on the Proposed ‘Waters of the United States’ (WOTUS) Rule and its Implications for Sustainable Development Goals

Introduction and Regulatory Context

On November 17, 2025, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (COE) issued a proposed rule to redefine the “waters of the United States” (WOTUS). This regulatory action is a direct response to the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency and aims to provide legal clarity on federal jurisdiction under the Clean Water Act. The proposal focuses on defining the phrase “continuous surface connection,” a critical determinant for which water bodies receive federal protection, thereby directly impacting the achievement of multiple Sustainable Development Goals (SDGs), particularly SDG 6 (Clean Water and Sanitation).

Key Revisions and SDG Alignment

The proposed revisions are intended to create consistency in the application of the Clean Water Act. Each revision has significant implications for the framework of environmental governance and the advancement of the SDGs.

• Defining Key Terms: The rule proposes definitions for “relatively permanent,” “continuous surface connection,” and “tributary.” This definitional clarity is foundational to implementing SDG 6 by delineating the scope of protected waters.
• Jurisdictional Tributaries: It establishes that tributaries must connect to traditional navigable waters with predictable and consistent flow. This ensures the protection of interconnected water systems, which is vital for SDG 14 (Life Below Water).
• Wetland Connection Requirements: The proposal reaffirms that wetlands must be indistinguishable from jurisdictional waters via a continuous surface connection. This narrowed definition directly affects the protection of vital ecosystems, impacting progress on SDG 15 (Life on Land) and SDG 13 (Climate Action).
• State and Tribal Authority: The rule aims to strengthen the decision-making authority of state and tribal governments, recognizing their local expertise. This aligns with SDG 16 (Peace, Justice and Strong Institutions) by promoting effective and inclusive governance.
• Exclusions: The rule preserves and clarifies exclusions for certain ditches, prior converted cropland, and waste treatment systems, while adding a new exclusion for groundwater. These exclusions present potential challenges to the comprehensive water protection envisioned in SDG 6.
• Local Terminology: The incorporation of terms such as “wet season” is intended to improve local implementation and clarity, supporting the development of sustainable communities under SDG 11.

Detailed Implications for Specific Sustainable Development Goals

1. SDG 15 (Life on Land) and SDG 13 (Climate Action): The proposed rule limits the definition of “wetlands” to those with “surface water at least during the wet season and abut a jurisdictional water.” This change is specifically designed to narrow the scope of protected “permafrost wetlands.” As wetlands are critical for biodiversity and act as significant carbon sinks, this redefinition could hinder efforts related to protecting terrestrial ecosystems (SDG 15) and mitigating climate change (SDG 13).
2. SDG 6 (Clean Water and Sanitation) and SDG 14 (Life Below Water): By defining the precise reach of the Clean Water Act, the rule determines the level of protection afforded to countless streams and wetlands that feed larger water bodies. The integrity of these upstream waters is essential for maintaining water quality for human consumption (SDG 6) and sustaining healthy aquatic ecosystems downstream (SDG 14).
3. SDG 16 (Peace, Justice and Strong Institutions): The rule-making process itself, initiated to conform with a Supreme Court ruling, is an exercise in strengthening legal and institutional frameworks. By providing clearer guidelines and empowering local and tribal authorities, the proposal seeks to create more predictable and accountable environmental governance, a core tenet of SDG 16.

Public Consultation and Governance

In line with SDG 17 (Partnerships for the Goals), the EPA and COE have initiated a 45-day public comment period following the proposal’s publication in the Federal Register. Two hybrid public meetings will also be held to facilitate stakeholder engagement. This process allows for multi-stakeholder input on a regulation with significant consequences for national water resource management and the pursuit of global sustainability targets.

SDGs Addressed in the Article

Analysis of Relevant Sustainable Development Goals

• SDG 6: Clean Water and Sanitation

  The article is fundamentally about the regulation and protection of water resources. The proposed rule defining “waters of the United States” (WOTUS) under the Clean Water Act directly pertains to managing water quality and protecting aquatic ecosystems, which is the core of SDG 6.

• SDG 14: Life Below Water

  By regulating tributaries and wetlands that connect to larger water bodies, the WOTUS rule aims to control pollution from land-based sources. This has a direct impact on preventing pollutants from reaching traditional navigable waters and eventually coastal and marine environments, aligning with the goal of protecting life below water.

• SDG 15: Life on Land

  The article extensively discusses the definition and protection of “wetlands” and “tributaries.” These are critical inland freshwater ecosystems that support terrestrial biodiversity. The scope of the WOTUS rule determines the extent of federal protection for these habitats against degradation and loss, connecting it to the conservation of life on land.

• SDG 16: Peace, Justice and Strong Institutions

  The article describes a formal regulatory process undertaken by government institutions (EPA and COE). It highlights aspects like developing rules based on legal precedent (“Sackett v Environmental Protection Agency”), ensuring public participation (“open for public comment for 45 days,” “host two hybrid public meetings”), and strengthening sub-national governance (“strengthening state and tribal decision-making authorities”). These elements relate to building effective, accountable, and inclusive institutions.

Specific SDG Targets Identified

Detailed Breakdown of Targets

1. SDG 6: Clean Water and Sanitation

   • Target 6.5: Implement integrated water resources management at all levels. The article addresses this by describing the federal government’s (EPA and COE) effort to create a nationwide rule for water management. It also explicitly mentions “strengthening state and tribal decision-making authorities,” which promotes a multi-level approach to water resource management.
   • Target 6.6: Protect and restore water-related ecosystems. The entire purpose of defining WOTUS is to determine which water-related ecosystems, particularly “wetlands” and “tributaries,” fall under the protection of the Clean Water Act. The proposed rule’s specific definitions for these features are a direct mechanism for protecting these ecosystems.

2. SDG 14: Life Below Water

   • Target 14.1: Prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities. The WOTUS rule is a tool to manage pollution in upstream water bodies (tributaries, wetlands). By regulating these waters, the rule helps control pollutants at their source, preventing them from flowing downstream and contributing to the pollution of larger rivers, estuaries, and ultimately, marine environments.

3. SDG 15: Life on Land

   • Target 15.1: Ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular… wetlands. The article’s focus on redefining “wetlands” and the conditions under which they are protected (e.g., having a “continuous surface connection”) is directly linked to the conservation of these specific inland freshwater ecosystems.

4. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.6: Develop effective, accountable and transparent institutions at all levels. The process described in the article—publishing a proposed rule, basing it on Supreme Court precedent, and providing a pre-publication version for review—is an example of an institution working to be effective and transparent in its legislative function.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels. The article explicitly mentions that the proposal “will be open for public comment for 45 days” and that the agencies will “host two hybrid public meetings to discuss the proposal and receive comments.” These are direct mechanisms for inclusive and participatory decision-making.

Indicators for Measuring Progress

Mentioned or Implied Indicators

1. For Environmental Protection (SDGs 6, 14, 15)

   • Indicator (Implied): The existence and scope of a national legal and regulatory framework for water protection. The article discusses the “Clean Water Act” and the “proposed rule defining ‘waters of the United States’,” which serve as a primary indicator of a country’s commitment to managing and protecting its water resources and related ecosystems. The specific definitions of “tributary,” “wetlands,” and “continuous surface connection” are measurable components of this framework.

2. For Institutional Strength (SDG 16)

   • Indicator (Process-based): The existence of formal mechanisms for public participation in rulemaking. The article provides concrete examples that can be used as indicators: a mandated “public comment for 45 days” and the scheduling of “two hybrid public meetings.”
   • Indicator (Implied): The degree of decentralization in natural resource management. The article’s statement about “strengthening state and tribal decision-making authorities” points to an indicator related to the devolution of power and recognition of local expertise in water management, which can be measured through policy and legislative changes.

Summary Table of SDGs, Targets, and Indicators

Source: spencerfane.com