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Executive Order 13778: Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule

President: Donald J. Trump

Directed review and possible replacement of the Clean Water Rule defining federal jurisdiction over “waters of the United States.”

Status: Revoked — by EO 13990 on January 20, 2021.

Is Executive Order 13778 still in effect? No. EO 13990 revoked it in 2021.

What does Executive Order 13778 do?

EO 13778 directed the EPA and Army Corps of Engineers to review the 2015 Clean Water Rule and consider a revised definition consistent with the order’s stated policy and legal interpretation. EPA and the Army later issued rulemaking to recodify pre-existing definitions; EO 13990 expressly revoked this order in 2021. The order itself did not change the Clean Water Act.

Administration position: Any policy rationale or projected benefit in the order is the administration’s position. This index record does not treat those claims as independently established facts.
SignedFebruary 28, 2017
Lead agenciesEPA and Army Corps of Engineers
TermFirst presidential term

Before and after

Before the order

The 2015 Clean Water Rule defined waters of the United States but had been stayed in litigation; EO 13778 directed its review.

After the order

EPA and the Army published a 2019 recodification of pre-existing definitions following notice and comment.

EO 13990 revoked EO 13778 on January 20, 2021; later water-jurisdiction rules and decisions stand on separate legal authority.

Who had to do what

Agency / officeActionTiming / position
EPA and Army CorpsReview the 2015 rule and propose a replacementConsistent with the Administrative Procedure Act
AgenciesCoordinate with states and tribesDuring rulemaking

What happened next

EO 13778 signed.

EO 13990 revoked EO 13778.