US EPA and Army Seeking Additional Comments on WOTUS Rule

The 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.  

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.