On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) (collectively the Agencies) published a proposed rule updating the definition of “waters of the United States” (WOTUS).
This current effort represents the fourth time the EPA and the Corps have broached the issue of federal jurisdiction under the Clean Water Act (CWA). Since 2014, Advocacy has discussed WOTUS with small entities in multiple sectors of the economy.
Advocacy supports the Agencies’ reexamination of regulations defining WOTUS. Their proposed rule takes meaningful steps towards reducing both the regulatory confusion and unnecessary costs that overbroad CWA regulations can impose on small entities.
However, there are areas of the proposed rule Advocacy feels must be improved to achieve the clarity, predictability, and stability small entities are seeking. Specifically, despite the fact that the Agencies chose not to hold a Small Business Advocacy Review panel for the proposed rule, they should issue a small entity compliance guide to help small entities understand their CWA compliance obligations. Additionally, the Agencies must also add specificity to the proposed rule’s “wet season” concept.
COMMENT LETTER
Re: Updated Definition of “Waters of the United States” PDF (308 KB)
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
TOPIC(S): Letters to Agencies
TAG(S): EPA, Army Corps of Engineers, WOTUS, Clean Water Act