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EO 13778Executive OrderTrump 45 · R Quiet signal

Executive Order 13778

Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule

This executive order directs the EPA and Army Corps of Engineers to review and propose rescinding or revising the 2015 Clean Water Rule ("Waters of the United States"), which had expanded federal jurisdiction over waterways. It instructs agencies to consider Justice Scalia's narrower interpretation of "navigable waters" from Rapanos v. United States in future rulemaking, and to review all related implementing policies for consistency with the order's policy goals.

Federal Register Open PDF 82 FR 12497

Impact dates

  1. Notification to Attorney General of pending review for litigation purposes

  2. Publication of proposed rule rescinding or revising 2015 Clean Water Rule for notice and comment

Key directives

  • EPA Administrator and Assistant Secretary of Army for Civil Works shall review 2015 Clean Water Rule and publish proposed rule rescinding or revising it
  • All executive departments and agencies shall review implementing orders/rules/regulations/guidelines/policies and rescind or revise them
  • Administrator and Assistant Secretary shall promptly notify Attorney General of pending review for litigation purposes
  • In future rulemaking, Administrator and Assistant Secretary shall consider interpreting 'navigable waters' consistent with Justice Scalia's opinion in Rapanos v. United States

Who is ordered

Timeline

Immediate

  • EPA Administrator and Assistant Secretary of Army for Civil Works directed to begin review of 2015 Clean Water Rule
  • Agencies directed to review all implementing orders, rules, regulations for consistency

Near term (90d)

  • Publication of proposed rule rescinding or revising the 2015 rule for notice and comment
  • Notification to Attorney General of pending review for litigation purposes

Long term

  • Potential rescission or revision of 2015 rule and all related implementing policies
  • Possible new rulemaking interpreting 'navigable waters' under Scalia's Rapanos standard
  • Shift in federal-state balance over water regulation jurisdiction

Risks & tensions

  • No explicit calendar deadlines or 'within N days' language creates implementation uncertainty; 'promptly' is vague
  • Scalia's Rapanos plurality opinion (joined by only 4 justices) offers narrower 'relatively permanent' waters test vs. Kennedy's 'significant nexus' test—adopting it may create legal vulnerability
  • Federalism tension: order emphasizes state roles but federal regulatory rollback may shift burdens to states without resources
  • Environmental groups likely to challenge rescission; litigation strategy directive to Attorney General signals anticipated court battles
  • Economic growth vs. water pollution prevention goals may conflict; order prioritizes former without specifying pollution safeguards
Executive Order 13778: Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule · Executive Orders