The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a supplemental notice of proposed rulemaking to gather public input on additional regulatory language for defining waters of the U.S. (WOTUS). The new language will be considered alongside the agencies’ 2025 proposed rule as they work toward a final, durable definition that follows the U.S. Supreme Court’s decision in Sackett v. EPA, reduces regulatory uncertainty and recognizes states and Tribal roles in managing water resources.
According to EPA, the supplemental proposal will allow both agencies to consider a broader range of options as they work toward a final rule. Once finalized, the rule will provide greater certainty for farmers, ranchers and landowners.
Public engagement has been central to the rulemaking process. Before issuing the 2025 proposed rule, the agencies hosted listening sessions, accepted public comments and consulted with Tribes, states and local governments. This supplemental proposal will provide another opportunity to comment on a limited number of new regulatory alternatives. The agencies will consider stakeholder input before issuing a final rule.
Once the supplemental proposal is published in the Federal Register, the public will have 30 days to submit comments.