What: On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) published a Federal Register notice requesting comments on the agencies’ upcoming review of the definition of “waters of the United States” (WOTUS).
Why: EPA is in the process of reviewing multiple environmental regulations, including the WOTUS definition. WOTUS is used as a guide to determine which water bodies the federal government can regulate under the Clean Water Act (CWA). The WOTUS review aims to bring both the EPA and Corps regulations in line with the Supreme Court’s 2023 decision in Sackett v. EPA.
Recently, the agencies issued guidance stating that for a wetland to be regulated under the CWA, it must “have a continuous surface connection” to “traditional navigable waters, or a relatively permanent body of water connected to a traditional navigable water.”
The agencies will also be hosting several public listening sessions in April and May. Specific dates will be announced soon.
Public input is being asked for in the following areas:
- The scope of “relatively permanent” waters and to what features this phrase applies.
- The scope of “continuous surface connection” and to which features this phrase applies.
- The scope of jurisdictional ditches.
Action: Submit comments by April 23, 2025.
SUPPORTING INFO:
EPA Launches Biggest Deregulatory Action in U.S. History
Sackett v. EPA (PDF)
FEDERAL REGISTER NOTICE(S):
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
TOPIC(S): Regulatory Alerts
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