The U.S. Environmental Protection Agency and the Army Corps of Engineers announced Friday that they will publish a Supplemental Notice of Proposed Rulemaking (SNPR) to gather additional public comments on the definition of “waters of the United States” (WOTUS). The agencies intend to use the feedback to craft a rule that can survive future legal challenges while providing clearer guidance for those who work the land.
Why the supplemental proposal matters
Last year the EPA issued a proposal to narrow the scope of waters subject to federal regulation, a move praised by Republican lawmakers in agricultural states and by many farmers and landowners who have long argued that the previous definition was overly broad. The new supplemental notice seeks comment on two key terms that have generated the most controversy: “relatively permanent” waters and “continuous surface connection” wetlands. By refining these definitions, the agencies hope to reduce the regulatory burden on property owners while still protecting the nation’s water resources.
Public comment window
Once the supplemental proposal appears in the Federal Register, the public will have 30 days to submit written comments. Stakeholders—including state and local governments, industry groups, environmental organizations, and individual citizens—are encouraged to participate. The EPA’s Administrator, Lee Zeldin, emphasized that the goal is a “durable WOTUS definition that follows the law and ends burdensome regulatory uncertainty.”
Legal backdrop
The effort follows the 2023 Supreme Court decision in Sackett v. EPA, which limited the agency’s authority to regulate certain water bodies. The court’s ruling underscored the need for a clear, legally defensible definition of federal jurisdiction over waters. By opening the rulemaking process to broader input, the EPA and Army Corps aim to avoid future litigation that could stall essential water‑quality protections.
What’s at stake for families and communities
Clear water‑regulation rules matter to families who rely on agriculture, fishing, and recreation. Overly vague definitions can lead to costly compliance requirements for small farms and landowners, while insufficient protection can jeopardize drinking water supplies and local ecosystems. A balanced rule can safeguard public health, preserve the natural beauty of rivers and wetlands, and support the economic vitality of rural communities.
Next steps
After the comment period closes, the agencies will review the submissions and incorporate reasonable suggestions into the final rule. The final rule will then be published in the Federal Register, followed by an implementation timeline that will give affected parties time to adjust.
Stakeholders can submit comments electronically through regulations.gov or send written remarks to the EPA’s Office of the General Counsel. The agencies have pledged to consider all viewpoints, from environmental advocates to agricultural producers, in order to craft a rule that respects both the Constitution’s protection of private property and the nation’s responsibility to protect its water resources.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.
