EPA and the Army will reopen the WOTUS record on narrower jurisdiction alternatives.
Why it matters: The rule helps determine which wetlands and waterways need federal Clean Water Act permits, affecting developers, farmers, utilities and infrastructure projects. It also tests how far federal regulators can go after the Supreme Court's 2023 Sackett ruling.
- The agencies said Sept. 4 they will issue a supplemental notice of proposed rulemaking on WOTUS.
- The supplemental notice will ask for comment on alternatives that would further narrow federal jurisdiction.
- A 30-day comment period will begin after the notice is published in the Federal Register.
- The agencies say the work is meant to produce a final rule that fully implements the Supreme Court's 2023 Sackett decision.
EPA and the Army are reopening the rulemaking record on Waters of the United States, the federal definition that determines which wetlands and waterways fall under Clean Water Act permitting. In a Sept. 4 announcement, the agencies said the supplemental notice will focus on narrower jurisdiction options after the Supreme Court's 2023 Sackett decision limited federal authority over some wetlands.
The agencies said the supplemental notice is tied to the 2025 proposed rule and will be signed as a prepublication document by Army Civil Works Assistant Secretary Adam Telle and EPA Administrator Lee Zeldin. The comment period will run for 30 days after publication in the Federal Register.
The earlier proposal drew more than 220,000 comments and prompted three public meetings, according to the agencies and AP reporting. That volume shows how much is at stake for landowners and regulated industries that need clarity on when dredging, filling or other work triggers federal review.
The agencies said the goal is to produce a final rule that fully implements Sackett. The practical question is where regulators draw the line between waters that remain federally protected and wetlands that fall outside that jurisdiction.
By the numbers
- 220,000+ - comments the earlier proposal received, according to the agencies and AP reporting.
- 3 - public meetings held on the underlying proposal.
- 30 days - length of the comment period after Federal Register publication.
What's next: The supplemental notice will open for a 30-day comment period after Federal Register publication.