West Virginia Attorney General JB McCuskey spearheaded a 20-state coalition of attorneys general to send a formal comment letter to U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin and U.S. Army Corps of Engineers Lt. General William H. “Butch” Graham, Jr., regarding the updated definition of Waters of the United States (WOTUS).
The longstanding WOTUS controversy has placed undue regulatory burdens on West Virginia's farmers, landowners, and businesses, often subjecting routine land use activities to costly federal permitting processes. The West Virginia Attorney General’s Office secured a preliminary injunction against the Biden-era WOTUS rule. Now, the Trump Administration is rolling back that rule. The proposed reform aims to restore clarity and predictability to environmental regulations while maintaining critical protections for the nation’s waterways.
In the letter, Attorney General McCuskey points out that states should control their own waters, like rivers, streams, lakes and wetlands. Historically, states always regulated waters within their borders. The Clean Water Act was supposed to respect this; however, federal agencies have overreached in past administrations by expanding the definition of WOTUS and therefore expanding federal control of waters. The Trump administration proposes to rein in bureaucratic overreach and restore state authority. In November 2025, Attorney General McCuskey joined EPA Administrator Zeldin for announcement of a proposed groundbreaking rule that would substantially reshape the definition of WOTUS, marking a monumental shift in federal environmental regulation. Attorney General McCuskey’s letter supports that action and asks the agencies to go even further to restore constitutional order.
“For too long, federal agencies have overstepped their bounds, regulating everything from puddles in parking lots to seasonal ponds hundreds of miles from navigable waters. This overreach has stripped states of their constitutional authority and cost farmers and businesses millions of dollars. We commend the Trump administration for taking bold action to correct this overregulation and we stand ready to help ensure the Clean Water Act fulfills its important, true purpose,” Attorney General McCuskey said.
Under previous expansive definitions of WOTUS, landowners faced permit costs averaging over $250,000 and permit wait times exceeding two years for projects on their own property. Farmers reported needing federal permits for activities like plowing fields or building bridges over dry washes on their land.
Attorney General McCuskey’s comment letter emphasizes that West Virginia and fellow states stand ready to work with federal agencies to develop a workable definition that protects both environmental integrity and constitutional principles.
Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas and Virginia joined the West Virginia-led letter.
Read the comment letter here.
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