Full Breakdown
EPA Seeks Additional Public Input on Revised “Waters of the United States” Rule
9/5/2026, 12:25:19 AM
EPA Issues Supplemental WOTUS Proposal
The Environmental Protection Agency announced a supplemental proposal to redefine “waters of the United States” (WOTUS). The draft narrows the definition to focus on relatively permanent, continuously flowing bodies of water—streams, rivers, lakes, oceans—and wetlands directly connected to them. The agency says the change will reduce “bureaucratic red tape,” increase predictability for landowners and developers, and shift management responsibility to states and tribes. The supplemental notice invites public comments for a 30-day period after publication in the Federal Register.
Legal and Policy Background
The effort follows a 2023 Supreme Court decision in *Sackett v. EPA*, which limited federal authority over many wetlands and sparked a series of rulemaking attempts. A November 2025 proposal first introduced the agency’s new definitions, and the current supplemental rule refines terms such as “relatively permanent” and “continuous surface connection” after receiving “significant pushback.” This marks the fifth attempt in a decade to settle the scope of Clean Water Act protections.
Agency Rationale
The EPA argues that the rule will still allow states and tribal governments to regulate waters removed from federal jurisdiction, preserving local oversight while streamlining federal oversight.
Environmental Opposition
Critics contend the proposal would dramatically weaken water protections. J.W. Jon Devine of the Natural Resources Defense Council described the rule as “declaring open season” on the nation’s waterways, particularly harming western freshwater wetlands.
Verbatim Quotes
- “The EPA's goal is a durable WOTUS definition that follows the law and ends burdensome regulatory uncertainty,” — EPA Administrator Lee Zeldin
- “This is now the fifth effort to define the scope of the waters protected by the Clean Water Act in the past decade. We need Congress’ help to get off this merry-go-round at a place that protects our waters, our wildlife and our way of life,” — Jim Murphy, the National Wildlife Federation’s associate vice president for legal advocacy
The EPA has already received more than 220,000 comments on the broader WOTUS discussion and has held three public meetings on the proposal. The supplemental rule is expected to reduce the number of wetlands under federal jurisdiction, as most wetlands lack perennial surface water and therefore would not meet the new “continuous surface connection.” definition.
