EPA and Army Seek Additional Input on Proposed Waters of the U.S. Definition While Advancing Toward Durable Final Rule
WASHINGTON – Today, U.S. Environmental Protection Agency and the U.S. Department of the Army announced a Supplemental Notice of Proposed Rulemaking to gather public input on additional regulatory language for defining “waters of the United States” (WOTUS) to be considered alongside the 2025 proposed rule. This action reflects the agencies’ commitment to radical transparency and to developing a durable, final WOTUS definition that adheres to the Supreme Court’s direction in Sackett v. EPA, cuts bureaucratic red tape, and protects water quality while recognizing that states and Tribes are best positioned to manage their own water resources.
The supplemental proposed rule will help EPA and Army evaluate a wider range of options as they work toward a final rule that fully implements the Supreme Court’s 2023 decision in Sackett. Once finalized, the rule will provide greater predictability for landowners, farmers, ranchers, energy producers, the technology sector, developers, and small businesses while protecting water quality in coordination with states and Tribes. While WOTUS determines where federal permits are required for certain activities, waters that fall outside federal jurisdiction remain subject to regulation under state, Tribal, and local law, consistent with the framework of cooperative federalism that underlies the Clean Water Act.
"The EPA's goal is a durable WOTUS definition that follows the law and ends burdensome regulatory uncertainty," said EPA Administrator Lee Zeldin. "Today's action reflects our continued commitment to transparency and public input, ensuring we have fully considered a wide range of potential policy options. We look forward to public feedback on this supplemental notice, which will help strengthen the real-world expertise behind the final rule."
"Under President Trump’s leadership and the Army’s 'Building Infrastructure, Not Paperwork’ initiative, we are overhauling sclerotic government overreach to remove friction from our economy," said Adam Telle, Assistant Secretary of the Army for Civil Works. "The Supreme Court’s Sackett decision delivered the certainty our nation has been seeking for decades, and today we are taking one more step to ensure our regulations adhere to that decision. We have worked alongside EPA Administrator Lee Zeldin to ensure we develop a rule that faithfully adheres to Sackett and provides an even more straightforward articulation of federal jurisdiction under Section 404 of the Clean Water Act. All Americans, including landowners, farmers, sportsmen, conservationists, and businesses, deserve the opportunity to further shape this rule, which will enable them to carry out their version of the American Dream free from improper bureaucratic interference. The U.S. Army Corps of Engineers stands ready to implement this rule once final, using technology like never before, to give Americans answers from their government at Trump Speed."
Public engagement has been central to this rulemaking process. Prior to issuing the 2025 proposed rule, the agencies opened a public recommendations docket, hosted listening sessions, and conducted pre-proposal consultations with Tribes, states, and local governments and their member associations. EPA and Army also gathered input on the proposed rule through three public meetings and a 45-day public comment period that closed on January 5 and generated over 220,000 comments from a wide range of stakeholders.
This supplemental proposal offers an additional opportunity for public engagement on a limited number of new regulatory alternatives, to be considered alongside those in the 2025 proposed rule. The agencies will closely consider stakeholder perspectives without foreclosing any options from the initial proposal or predetermining the outcome of the final rule.
Once the supplemental proposal is published in the Federal Register, the agencies will accept public comments for 30 days.
Please see additional information on Waters of the United States.
Background
The definition of WOTUS establishes the scope of waters covered under Clean Water Act regulatory programs. The rule would also play a key role in EPA’s Powering the Great American Comeback initiative by protecting water resources; strengthening cooperative federalism; and supporting landowners, farmers, ranchers, energy producers, the technology sector, developers, and small businesses.