EPA and Army Seek Ideas on Supreme Court Water Rules
Published Date: 3/24/2025
Proposed Rule
Summary
The EPA and Army are teaming up to rethink what counts as 'waters of the United States' after a big Supreme Court decision. They want to hear from states, tribes, farmers, businesses, and everyday folks before making new rules. This means you can join in by sharing your ideas soon, helping shape how water protections work—and maybe saving money by avoiding confusion later!
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Stakeholders Invited to Redefine WOTUS
The EPA and the Department of the Army are asking State and Tribal co-regulators, industry and agricultural stakeholders, environmental and conservation groups, and the public to engage on how to define “waters of the United States” after the Supreme Court’s 2023 Sackett v. EPA decision. This notice explicitly names pre-2015 approaches, the 2015 Clean Water Rule, the 2020 Navigable Waters Protection Rule, the 2023 Rule, and the Amended 2023 Rule as materials the agencies will learn from during engagement.
Forthcoming Listening Sessions Announced
The agencies announced they will hold listening sessions on specific key topic areas to hear stakeholder perspectives about implementing the Clean Water Act consistent with the Supreme Court’s 2023 Sackett decision. The sessions are described as forthcoming opportunities for states, tribes, farmers, businesses, environmental groups, and members of the public to speak directly to agency staff.
Public Recommendations Docket Open
The agencies are accepting written recommendations from the public via a recommendations docket about how to define and implement “waters of the United States” following the 2023 Sackett v. EPA decision. Members of the public, industry, tribes, and states can submit written recommendations to that docket for the agencies to consider.
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Key Dates
Department and Agencies
Related Federal Register Documents
2025-20402 — Updated Definition of “Waters of the United States”
The EPA and Army Corps are updating the rules that decide which waters are protected under the Clean Water Act, following a 2023 Supreme Court decision. This change helps everyone know exactly which waters are covered, making it easier to protect lakes, rivers, and wetlands while respecting state and tribal rights. People and businesses affected should share their thoughts by January 5, 2026, as this update could impact water projects and environmental protections.
2026-08591 — Proposals by Non-Federal Interests for Inclusion in the Annual Report to Congress on Future Water Resources Development
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2026-05051 — Notice of Solicitation of Input on Potential Future Changes to Nationwide Permits; Establishment of a Public Docket; Request for Input
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