WOTUS Regulatory Services

The new Waters of the US (WOTUS) rule dramatically redefines water bodies, giving capital projects fewer federal permitting requirements than any time in recent history.

Our regulatory experts work with you to apply the new rule for more predictable project delivery.

Let Audubon’s environmental team assess your project against the new WOTUS rule—along with any remaining or new “gap” requirements from state and tribal authorities. We have 25+ years of regulatory permitting experience in nearly every state, and we know the fine details to make your permitting path smooth.

Jurisdictional delineation + strategy
Permitting + implementation strategy to avoid overpermitting
Technical analysis for wet-season determination: Antecedent Precipitation Tool (APT), Water-Budget Interactive Modeling Program (WebWIMP), Streamflow Duration Assessment Method (SDAM)
Early-stage siting + feasibility support to minimize timelines
State + tribal regulatory coordination to manage risk beyond federal requirements

WOTUS Quick Facts

What’s new?

In November 2025, the US Environmental Protection Agency (EPA) and the US Army Corp of Engineers (USACE) proposed a rule redefining Waters of the United States (WOTUS) under the Clean Water Act. A final rule is expected mid-2026.

Who’s affected?

Any infrastructure that has historically been subject to federal Clean Water Act permitting requirements will experience changes in the federal permitting process. Energy and industrial operators in particular will have a reduced burden for their projects.

Why the new rule?

The new rule to redefine WOTUS aligns with the 2023 US Supreme Court decision in Sackett v. EPA, which significantly narrows federal jurisdiction. It is intentionally deregulatory in nature, reducing federal permitting requirements and shifting greater importance to technical analysis for necessary permitting, as well as state-level requirements.

Read the entire proposed rule here, and contact us for WOTUS permitting solutions.