During Baker Botts' 39th Annual Environmental, Safety & Incident Response Seminar on January 28, 2026, Partner Paulina Williams led a session with Lee Forsgren, Principal Deputy Assistant Secretary at the U.S. Army Corps of Engineers (Civil Works) titled “Reforming “WOTUS,” “Nationwide Permitting,” & Other Major Priorities at the Corps of Engineers in the Trump Administration.”

Key Takeaways

1. Permitting strategy matters more than ever. The U.S. Army Corps of Engineers is under clear direction to move priority projects faster, especially those tied to energy development and critical minerals. Developers that understand how to position their projects within executive order priorities and proactively elevate issues through the Corps’ chain of command can meaningfully influence timelines. Early engagement, clear documentation, and a willingness to escalate disagreements are increasingly important tools. 
    
2. WOTUS is moving toward a narrower, more durable definition. The U.S. Army Corps of Engineers is working on a revised rule intended to align with the Supreme Court’s Sackett decision and reduce the regulatory swings seen between administrations. Current discussions focus heavily on how the key proposed regulatory term “wet season” will be defined, with the agency signaling a desire for a more predictable framework that can better withstand litigation. A final rule is anticipated soon, which will undoubtedly reshape jurisdictional determinations and should restore national uniformity, at least for a while. 
    
3. States are positioned to play a larger role. The Office of the Assistant Secretary of the Army for Civil Works has expressed interest in seeing more states assume responsibility for Clean Water Act Section 404 permitting. At the same time, upcoming proposals affecting Clean Water Act permitting for linear energy infrastructure, such as pipelines and transmission lines, suggest a broader shift toward shared federal and state implementation. Companies operating across multiple states should expect streamlining at the federal level but a potentially more localized regulatory landscape. 
    
4. Long term regulatory stability is a stated goal. The Assistant Secretary’s Office emphasized that it is trying to build a program that balances environmental protection with infrastructure development while minimizing litigation risk and policy reversals. This includes integrating new rules into existing programs, limiting interagency coordination where it exceeds statutory bounds, and supporting tools like mitigation banks to streamline compliance. For project sponsors, this signals an agency focused on consistency, defensibility, and process efficiency. 

During the session, we discussed how recent federal policy discussions highlight a permitting environment that is in transition but moving toward greater procedural clarity. A key theme noted is acceleration, particularly for projects linked to domestic energy production and critical minerals. Regulators are emphasizing the importance of early, well documented applications and encouraging project sponsors to raise issues quickly when reviews stall. At the same time, efforts are underway to refine the scope of federal jurisdiction under the Clean Water Act, with a forthcoming rule intended to reflect Supreme Court precedent and create a more stable basis for permitting decisions nationwide.

Longer term, structural shifts may also reshape how water programs are administered. There is clear interest in expanding state involvement in Section 404 permitting, alongside regulatory updates that could affect linear energy infrastructure and mitigation planning. Together, these changes suggest a framework that could become more consistent at the federal level while also more varied across individual states. For companies planning major infrastructure, energy, or development projects, success will depend on pairing strong technical support with a clear regulatory strategy that anticipates evolving jurisdictional lines and emphasizes early, informed engagement with both federal and state decision makers.