The Environmental Protection Agency and Department of the Army are seeking additional input on a supplemental proposed rule for defining “waters of the United States,” otherwise known as WOTUS.
The input on additional regulatory alternatives will be considered alongside the 2025 proposed rule, which intends to align WOTUS governance with the Supreme Court’s decision in Sackett v. EPA.
“The supplemental proposed rule will help EPA and Army evaluate a wider range of options as they work toward a final rule that fully implements the Supreme Court’s 2023 decision in Sackett,” the agencies said.
The solicitation process is specifically seeking input on the regulatory options for the revised definitions of “relatively permanent” and “continuous surface connection,” deleting the definition of “adjacent,” and adding a definition of the term “perennial.”
To submit a comment by Oct. 9, search for docket ID EPA-HQ-OW-2025-0322 at regulations.gov.
