Defense of Environment and Property Act of 2026

S. 5262 would rewrite how "navigable waters" is defined under the Clean Water Act, narrowing federal jurisdiction to waters that are navigable-in-fact or permanently/continuously flowing streams, rivers, lakes, and oceans directly connected to navigable waters. It would exclude wetlands lacking a continuous surface connection, ephemeral or intermittent channels, and groundwater from federal regulation, bar the EPA and Army Corps from using the "significant nexus" test or aggregating small water bodies to claim jurisdiction, and void the 1986 Corps rule and 2008 post-Rapanos guidance on this topic. It also requires written landowner consent before federal agents can enter private property to inspect waters, and creates a right to expedited judicial review of jurisdictional determinations.

The bill primarily affects property owners, farmers, and developers whose land includes wetlands or seasonal waterways, giving them more certainty that such features fall outside federal permitting requirements, while state governments retain authority to regulate waters within their borders and enforce their own nuisance laws. It would also require federal agencies to pay landowners twice the appraised value of any property value loss caused by a "waters of the United States" regulation, with that regulation unenforceable until all such claims are paid.

The bill was introduced in the Senate on August 5, 2026, by Senator Rand Paul with two cosponsors, read twice, and referred to the Committee on Environment and Public Works. It would need committee action, floor votes in both chambers, and the President's signature to become law; no further action has occurred yet.

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