Sage Grouse Record of Decision and WOTUS Rule: Implications for Wyoming Producers
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Published
2/2/2026
The Bureau of Land Management released a record of decision on December 22, 2025, completing updates to its Greater Sage Grouse Resource Management Plan Amendment. This decision came after years of environmental assessments, stakeholder engagement, and interagency collaboration.
The updated plan affects 77 resource management plans spanning roughly 65 million acres of sagebrush landscape across ten western states: Idaho, Montana, North Dakota, South Dakota, Nevada, California, Utah, Wyoming, Colorado, and Oregon. According to BLM, these habitats support more than 350 different wildlife species.
BLM's announcement highlighted the decision's alignment with Executive Order 14154, "Unleashing American Energy," issued by President Donald Trump. The agency emphasized its goal of protecting sage grouse populations while maintaining traditional public land activities such as livestock operations and energy exploration.
The plan was crafted through partnerships with governors from western states, state-level wildlife departments, federal grazing lessees, and community representatives. BLM noted the final decision incorporates the latest scientific findings and respects individual state conservation strategies.
Additionally, for Wyoming, the ROD strikes a good balance between energy, livestock grazing, and commitment to sage grouse population survival.
WOTUS Proposed Rule Comments
The Wyoming Farm Bureau Federation (WyFB) submitted comments to the Federal Register in support of the proposed Waters of the United States (WOTUS) rule that aligns with the Supreme Court's 2023 Sackett v. EPA decision. This landmark Supreme Court decision eliminated the "significant nexus" standard in favor of a "relatively permanent" test with a focus on continuous surface connection for jurisdictional purposes. The WyFB emphasizes that decades of changing WOTUS definitions have created regulatory uncertainty for farmers and ranchers, who often work on lands with features that are only wet after rain and lack clear connections to navigable waters. This proposed rule is a durable, clear rule that distinguishes between federal and state jurisdiction.
WyFB specifically supported several key provisions: the proposed ditch exclusion that exempts non-navigable ditches constructed entirely in dry land, even with relatively permanent flow; the explicit exclusion of groundwater from WOTUS definitions; and the placement of burden of proof on agencies to determine historic conditions of ditches. We also suggested one modification—revising the groundwater exclusion language to explicitly include "diffuse or shallow subsurface flow" alongside subsurface drainage systems. Overall, WyFB is pleased with the proposed rule and its alignment with member-driven policy. The proposed rule will be a legally lasting rule that provides clarity for landowners while respecting Supreme Court precedents.