EPA Rolls Back Regulations From Climate Change to ‘Waters of the United States’

PFAS and Superfund Do Not Make the List

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Authors: H. Max Kelln , Bonnie Allyn Barnett , Amy L. Waite , Colin G. Harris , Joshua L. Andrews , Bryan Michael Allen , Deanna R. Reitman , Amani B. Khoury , Julian E. Harrell

At a Glance

EPA will review and potentially roll back several regulations that impact the energy sector, vehicle emissions and industrial operations, particularly those under the Clean Air Act.
In the reconsideration of “waters of the United States,” the agency plans to work with the U.S. Army Corps of Engineers to ensure the new definition aligns with legal standards and addresses the needs of farmers, landowners and businesses.
Based on the announcement, EPA will go through the formal rulemaking process to overhaul the 2009 Endangerment Finding. The rulemaking process can be lengthy, often taking months or even years, and is likely to face legal challenges from environmental groups and other stakeholders.
It is noteworthy that there is no mention of reconsidering any regulations related to perfluoroalkyl and polyfluoroalkyl substances (PFAS), nor is there any mention of anything like the Superfund Task Force to prioritize closing out Superfund sites.

On March 12, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced more than 30 actions to roll back regulations to advance President Trump’s Day One executive orders. These include actions ranging from reconsidering the 2009 Endangerment Finding to revising EPA’s definition of “Waters of the United States” to follow the Supreme Court’s decision in Sackett v. EPA.

Summary of Actions Announced

EPA will review and potentially roll back several regulations that impact the energy sector, vehicle emissions and industrial operations, particularly those under the Clean Air Act. Key regulations under reconsideration include:

Additionally, EPA will roll back revised portions of the Risk Management Plan rule that apply to oil and natural gas refineries and chemical facilities, which the agency had already indicated it would do in an ongoing challenge by industry groups.

Reconsideration of WOTUS

Also announced was EPA’s decision to revise the definition of “waters of the United States” (WOTUS). This revision aims to provide a more straightforward, streamlined permitting process that reduces compliance costs and follows the Supreme Court’s decision in Sackett v. EPA. Administrator Zeldin emphasized that the revised definition would protect navigable waters while reducing regulatory burdens and fostering economic growth. The agency plans to work closely with the U.S. Army Corps of Engineers to ensure the new definition aligns with legal standards and addresses the needs of farmers, landowners and businesses.

Takeaways From the Announcement

There had been wide speculation regarding how President Trump’s executive order “Unleashing American Energy” — for EPA to submit recommendations on the “legality and continuing applicability of” the Endangerment Finding — would be carried out. Based on the announcement, EPA has chosen to go through the formal rulemaking process to overhaul the 2009 Endangerment Finding, which will likely take time. The same is true for the reconsideration of other rules and regulations, which the announcement signals will be changed through the typical rulemaking process. The rulemaking process can be lengthy, often taking months or even years, and is likely to face legal challenges from environmental groups and other stakeholders, which could further delay implementation. Even if some of these rules are rolled back, they will continue to apply in states where laws provide more stringent standards, including with respect to state-based climate change regulation. Changes to these regulations could also foster the development of more market-based solutions to climate change and technological advances in energy efficiency.

PFAS and CERCLA Not on the List

Finally, it is noteworthy that there is no mention of reconsidering any regulations related to perfluoroalkyl and polyfluoroalkyl substances (PFAS), including the designation of PFAS as a hazardous substance under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or the Toxic Substances Control Act (TSCA) Reporting Rule. Nor is there any mention of anything like the Superfund Task Force to prioritize closing out Superfund sites, an emphasis of EPA from 2017 to 2020. Although it is possible that such actions may be forthcoming, their absence as a specific line item may be telling.