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Proposed WOTUS rule could ease federal regulatory burdens, but questions remain for states

Questions remain about the long-term effects of the proposed Waters of the United States rule.

Brianna Schroeder with Janzen Schroeder Ag Law says the new WOTUS could help provide clarity for farmers.

“The overall impact of these proposed changes would be to really shrink the federal jurisdiction,” she says. “It would reduce restrictions and limitations if people want to farm that ground in accordance with this new rule.”

The EPA’s proposed rule, announced in November 2025, factors in the U.S. Supreme Court’s Sackett decision to clarify certain terms along with wetlands, ditches, and farmland. 

But, she tells Brownfield challenges remain as each state tries to fill in their own regulations.

“They can expand to take up some of that space that the federal government is ceding, or they can choose to make rules that clarify that they’re not going to exercise jurisdictions,” she says. “That’s a state by state issue and I think we’re going to continue to see those changes.”

Schroeder says she expects to see additional litigation announcements later this year as the EPA and Army Corps of Engineers prepare to release the finalized documents.

Brownfield interviewed Schroeder during the 2026 Fort Wayne Farm Show.

AUDIO: Brianna Schroeder, Janzen Schroeder Ag Law