The issue of the Waters of the U.S. (WOTUS) rule continues as a potential action point for farmers and ranchers. The Biden administration January 20 said that EPA and the Defense Department would review The Trump administration's narrow federal waters definition under their Navigable Waters Protection Rule (NWPR).
Biden also signed a separate executive order revoking a 2017 Trump order calling for a review and reversal of the Obama rule. The Trump rule prevents developers from needing a federal permit for work in those waterways.
The rule is in effect in every state except Colorado, where a judge blocked it. Both the Obama and Trump-era rules are being challenged in court. This will likely result in opponents asking the courts to set aside expected Biden administration requests to stay pending litigation and allowing the lawsuits to continue.
The Biden administration is expected to ask courts to put WOTUS litigation on ice to give the EPA and the Army Corps of Engineers time to decide if and how to rewrite the Trump administration rule. Others note the issue is likely again headed to the Supreme Court for more clarity.