The U.S. Environmental Protection Agency and the U.S. Department of the Army have released a proposed rule that reshapes how “waters of the United States” (WOTUS) are defined under the Clean Water Act. This proposal comes in response to the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, which narrowed the federal government’s jurisdiction over certain waterways.
Summary of the Issue
After the Sackett ruling, the agencies made a quick update to their regulations in 2023 to bring them in line with the Court’s decision. Since then, many stakeholders—including agricultural groups—have raised concerns that the updated rule still creates confusion and doesn’t fully reflect the Court’s interpretation.
The new proposed rule aims to:
- Clarify which waters fall under federal oversight.
- Better align the regulation with the Sackett decision.
- Add new definitions such as “relatively permanent” and “continuous surface connection.”
- Restore definitions for terms like “ditch,” “tributary,” “prior converted cropland,” and “waste treatment system,” which help draw the line between federal and state authority.
- Improve consistency in how the Clean Water Act is carried out across states and Tribal lands.
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The agencies say these changes are meant to create clearer boundaries between federal and state responsibilities while staying within the limits set by the Supreme Court.
How to Submit Comments
Comments must reference Docket ID No. EPA-HQ-OW-2025-0322 and may be submitted using any of the following methods:
- Federal eRulemaking Portal (preferred): Visit regulations.gov and follow the prompts to submit comments.
- Email: Send comments to OW-Docket@epa.gov with the docket number in the subject line.
- Mail: U.S. Environmental Protection Agency
- EPA Docket Center, Water Docket (Mail Code 28221T)
- 1200 Pennsylvania Avenue NW
- Washington, DC 20460