EMA: Finally, a Clear, Definite Waters of the United States Rule from EPA

Arlington, Va., Nov. 17, 2025 – The Essential Minerals Association (EMA) applauded the Environmental Protection Agency’s (EPA) newly re-issued Waters of the United States (WOTUS) rule that clearly defines the scope of federal jurisdiction over Clean Water Act permitting, which impacts many producers and processors in the minerals industry.

“The minerals industry which supports much of the agricultural and manufacturing sectors in the United States have waited far too long for a workable and legal definition of WOTUS,” said Chris Greissing, EMA president. “Congress and the courts have been extremely clear about the need to revise this rule, and I commend the Trump Administration for making these revisions a priority in the first year of his presidency. As we face increasingly urgent mineral needs to support our economic and national security, having clearly defined regulations provides needed certainty to our domestic minerals industry.”

In addition to aligning with the Supreme Court’s Sackett decision, EMA is pleased to see EPA provide clarity around the definitions of “relatively permanent,” “tributary,” and “continuous surface connections” and the exclusion of groundwater in the definition. EMA looks forward to providing comments to EPA supporting the proposed rule.

The Essential Minerals Association (EMA) is the representative voice for companies that extract and process a vital and beneficial group of raw materials and minerals, which are the essential ingredients for many of the products used in everyday life. Formerly, the Industrial Minerals Association – North America, EMA ensures that the voices of its member companies and the socio-economic benefits they provide – from mining to end-use products – are heard by government leaders as well as the general public. Visit essentialminerals.org to learn more.

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