Repeal and reissue the waters of the United States rules
What the document says“the repeal and reissuance of new regulations should be pursued.”
The passage concerns the definition of waters of the United States and Clean Water Act section 401, which governs state certification of federally permitted projects. The definition determines which waters and wetlands fall under federal jurisdiction and has been repeatedly revised and litigated.
What the document actually says“the repeal and reissuance of new regulations should be pursued.”
These water rules should be repealed. New ones should be written.
One rule decides which streams and wetlands the government controls. It has changed many times. The book says it should be scrapped and rewritten.
Removing Regulatory Barriers to Affordable Home Construction
2026-03-13 · 91 FR 13207
Executive Order 14394 of March 13, 2026 directs the Secretary of the Army, acting through the Assistant Secretary for Civil Works, and the EPA Administrator to review and revise requirements related to stormwater, wetlands, lakes, rivers and other bodies of water, naming among them the federal standards for permits under section 404 of the Clean Water Act for the discharge of dredged and fill material into waters of the United States and the standards for state and tribal assumption of that permitting under section 404(g). That is a directed revision of the federal water regulations the passage concerns. The fit breaks down in that the order reaches section 404 permitting standards rather than the definition of waters of the United States, it does not mention section 401 state certification, it calls for review and revision rather than repeal and reissuance, and its stated purpose is reducing housing construction and ownership costs rather than the jurisdictional question the passage raises.
An order of March 13, 2026 tells the Army and the EPA to redo water rules. Among them are the permit rules for dumping fill into waters. That is a change to the water rules the passage is about. But it calls for review, not repeal and reissue, and its aim is cheaper homes.