59% of wetlands could be open for development in Louisiana under new EPA proposal

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The EPA’s long-awaited proposed rules would change what counts as federally protected waters in the United States. They suggest more rollbacks of regulations that could lead to development in Louisiana and across the country in areas that have long been shielded.

The draft regulations cover what are called the Waters of the United States, or WOTUS. They include new definitions for what counts as a wetland that falls under the protection of the Clean Water Act.

In short, the proposed updates require wetlands to touch permanent bodies of water — such as lakes, rivers or streams — and have visible surface water for at least part of the year in order for federal safeguards to apply.

Most at risk in Louisiana are the non-coastal, inland swamps that make up about 59% of the state’s wetlands area, according to an analysis from the Environmental Law Institute.

Environmental advocates argue the rules would put important ecosystems, flood control measures and pollution management at risk, while legal experts worry the definitions will only add more confusion to an already complex topic.

The public will have 45 days to submit a comment on the proposed WOTUS rules once they are officially published in the Federal Register on Thursday. The EPA will then consider whether any comment warrants revisions in the proposed regulations, which would be incorporated into the final version. The Trump administration has not laid out a timeline for putting the new rules into effect.

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The removal of certain federal wetlands protections follows the 2023 U.S. Supreme Court decision in Sackett v. EPA, which pared back federal authority to enforce the Clean Water Act. An Idaho couple successfully challenged the agency when it stopped them from developing their property, with justices interpreting the definition of Waters of the United States to mean “’only those relatively permanent, standing or continuously flowing.”

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