On March 24, 2025, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) published a notice soliciting stakeholder feedback on the WOTUS Notice: The Final Response to SCOTUS (WOTUS Notice).
The WOTUS Notice solicits comments from the regulated public on “certain key topics related to the implementation of the definition of ‘waters of the United States’ in light of the Supreme Court’s decision in Sackett v. Environmental Protection Agency.” This information is being gathered before the agencies develop future WOTUS regulations.
As the agencies move forward with their efforts to clarify WOTUS, Advocacy strongly recommends that small entities be involved to the maximum extent possible, including a Small Business Regulatory Enforcement Fairness Act panel if a new rule is proposed. Advocacy agrees with the agencies’ focus on ensuring clarity in defining WOTUS. Additionally, the agencies should specify that the burden is on federal agencies to show when Clean Water Act jurisdiction exists, not on small entities to prove when it does not. Finally, Advocacy recommends that the agencies preserve existing regulatory exemptions with an overall goal of regulating in a manner where additional exemptions will not be necessary.
COMMENT LETTER
WOTUS SCOTUS Notice EPA-HQ-OW-2025-0093
(PDF, 82 KB)
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov