WASHINGTON — The Environmental Protection Agency (EPA) is opening a second round of public comment on a supplemental proposal that would further limit the reach of the nation’s clean‑water law over wetlands. The agency says the additional input will help it and the U.S. Army Corps of Engineers evaluate a broader set of options before finalizing a rule that implements the Supreme Court’s 2023 decision in Sackett v. EPA.
Background of the rule
In 2023 the Supreme Court ruled that the federal government overstepped its authority when it tried to regulate certain wetlands and streams that do not have a direct connection to navigable waters. The decision affirmed the property‑rights of landowners like Michael and Chantell Sackett of Idaho, who successfully challenged a permit that would have limited their ability to build near a lake.
Following that ruling, the EPA issued a proposed definition of “waters of the United States” (WOTUS) that dramatically reduced the number of wetlands receiving federal protection. The agency now seeks a supplemental rule to fine‑tune that definition, allowing it to consider a wider range of scientific and economic data before a final rule is issued.
Why the agency wants more comments
EPA officials say the request for additional comments is “highly unusual” but necessary because the water‑rule issue is technically complex and has been litigated for decades. By gathering more viewpoints, the agency hopes to craft a rule that respects the Supreme Court’s emphasis on private property while still safeguarding the nation’s most critical water resources.
Response from stakeholders
Property‑rights groups and many state officials have welcomed the move, arguing that a narrower definition of protected waters will reduce regulatory burdens on farmers, developers, and small businesses. They contend that the current scope of the Clean Water Act imposes costly compliance requirements that stifle local economies and infringe on constitutional protections of private land.
Environmental organizations, however, remain skeptical. They warn that further limiting federal oversight could leave vital wetlands vulnerable to pollution and habitat loss, undermining long‑term water quality and biodiversity. The EPA has invited comments from all sides, emphasizing that the final rule will balance economic freedom with environmental stewardship.
What comes next
The agency has not set a deadline for the supplemental comment period, but officials expect to incorporate the feedback into a final rule that could be published later this year. Once finalized, the rule will be subject to review by the courts, where it is likely to face challenges from both environmental advocates and industry groups.
For residents and businesses across the country, the outcome of this rule‑making process will shape how local projects—such as new housing developments, agricultural expansions, and infrastructure upgrades—navigate federal water regulations. The Trump administration has repeatedly emphasized the importance of returning regulatory authority to the states and protecting the constitutional rights of landowners.
How to comment
Members of the public can submit their comments through the EPA’s official website. The agency encourages detailed, evidence‑based feedback, noting that all submissions will be considered in the rule‑making process.
Original reporting: Alexandria, VA News – WTOP News — read the source article.
