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EPA, Dept. of the Army seek public input on proposed WOTUS rule

On Sept. 4, the U.S. Environmental Protection Agency and the U.S. Department of the Army announced a Supplemental Notice of Proposed Rulemaking to gather public input on additional regulatory language for defining “waters of the United States” (WOTUS) to be considered alongside the 2025 proposed rule.

The agencies maintain that the rule adheres to the Supreme Court’s direction in Sackett v. EPA, that it cuts bureaucratic red tape, and protects water quality while recognizing that states and tribes are best positioned to manage their own water resources.

American Farm Bureau Federation President Zippy Duvall said the rule provides clarity and brings common sense to the WOTUS definition.

“We have a proposed rule that will allow for farmers and ranchers in every state to be able to look out on their land and know exactly what is a ‘water of the United States,’” Duvall said. “The agencies answered farmers’ concerns and calls for clarity. Water is the lifeblood of our farms and communities, and farmers take our role as caretakers seriously. Farm Bureau welcomes a WOTUS rule that protects our natural resources and respects the careful stewardship of the men and women who grow the food, fiber and fuel our country depends on.”

While WOTUS determines where federal permits are required for certain activities, waters that fall outside federal jurisdiction remain subject to regulation under state, tribal, and local law, consistent with the framework of cooperative federalism that underlies the Clean Water Act.

Prior to issuing the 2025 proposed rule, the agencies opened a public recommendations docket, hosted listening sessions, and conducted pre-proposal consultations with Tribes, states, and local governments and their member associations. EPA and the Corps of Engineers also gathered input on the proposed rule through three public meetings and a 45-day public comment period that closed on Jan. 5 and generated more than 220,000 comments from a wide range of stakeholders. 

The supplemental proposal offers an additional opportunity for public engagement on a limited number of new regulatory alternatives, to be considered alongside those in the 2025 proposed rule. The agencies will closely consider stakeholder perspectives without foreclosing any options from the initial proposal or predetermining the outcome of the final rule.  

Once the supplemental proposal is published in the Federal Register, the agencies will accept public comments for 30 days. To submit a public comment, visit https://www.regulations.gov/commenton/EPA-HQ-OW-2025-0322-15447. The public comment period ends Oct. 9.

For more information on the WOTUS rule, visit https://www.epa.gov/wotus.

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