EPA Reopens Comments on Narrowed Clean Water Rule

EPA Reopens Comments on Narrowed Clean Water Rule

A stream flowing through wetland vegetation in hedcut engraving style.
A wetland stream subject to EPA jurisdiction under the Clean Water Rule.Illustration: The Frank

The News

The Environmental Protection Agency and the Army Corps of Engineers announced Friday they are reopening public comment on the rewrite of the "waters of the United States" rule, the regulation that decides which streams, rivers, lakes and wetlands fall under federal Clean Water Act oversight.

The supplemental notice asks for input on three terms at the heart of the rule: additional options for defining "relatively permanent" and "continuous surface," plus a newly proposed definition of "perennial."

Comments will run for 30 days once the notice is published in the Federal Register, expected within a week. The Associated Press, in a report carried by The Independent, called the request for more information "highly unusual."

What the Rule Does

The EPA says the final rule will focus federal protection on relatively permanent, standing or continuously flowing bodies of water — streams, oceans, rivers and lakes — along with wetlands directly connected to them. The agency says it will cut "bureaucratic red tape" and give predictability to landowners, farmers, ranchers, energy producers, the technology sector, developers and small businesses, "recognizing that states and tribes are best positioned to manage their own water resources."

Timeline

2006

The scope of "waters of the United States" reaches the Supreme Court for the first of two times, in a dispute that has been argued in the courts for decades.

Obama administration

The EPA broadens the WOTUS definition, drawing opposition from industry groups and Republicans who argue it hands Washington near-unlimited power over water.

First Trump administration

The EPA narrows the definition again.

2023

The Supreme Court rules for Michael and Chantell Sackett, an Idaho couple who sought to build a house near a lake. The decision sharply limits federal authority over certain wetlands and rejects the "significant nexus" test, holding that WOTUS covers wetlands directly adjoining rivers, lakes and other navigable waters.

Biden administration

The EPA issues a WOTUS definition built around the "significant nexus" test and later proposes a rule meant to align with Sackett. The current Trump EPA argues its predecessor failed to follow the ruling.

November 2025

The Trump EPA proposes its own revision narrowing the WOTUS definition.

January 2026

The first comment period closes. The agencies say they received more than 220,000 comments and have held three public meetings on the proposal.

Sept. 4, 2026

EPA and the Army Corps announce the supplemental notice and a new 30-day comment window.

Reactions

EPA Administrator Lee Zeldin said the agency wants "a durable WOTUS definition that follows the law and ends burdensome regulatory uncertainty." The new comment round, he said, "reflects our continued commitment to transparency and public input, ensuring we have fully considered a wide range of potential policy options."

Zeldin has described the administration's broader deregulatory push as an effort to speed economic growth while putting "a dagger through the heart of climate change religion." He argues the water proposal strikes a needed balance between federal and state authority, and that lands dropped from federal jurisdiction will still be regulated by states and tribes.

EPA Assistant Administrator for Water Jess Kramer told reporters on a press call Thursday that the supplemental proposal "is designed to help the agencies consider a wide range of additional options as we work toward developing a final rule." She added: "We're just not going to regulate in a black box." Kramer said the administration wants to end "the whiplash that the regulated community has been in for decades."

Environmental groups say the rewrite guts the law. J.W. Glass, a policy specialist at the Center for Biological Diversity, said when the plan was announced last year that "the Trump EPA's shortsighted push to encourage industries to plow over more wetlands and streams will destroy thousands of miles of waterways critical to wildlife across the United States," and that the rule would most likely "wipe out life-sustaining waterways in every corner of the nation."

Common Dreams, reporting from the left, wrote that the revised rule "would protect only waters that flow every day of the year, abandoning most streams and virtually all wetlands." The New York Times reported the proposal could strip federal protections from most U.S. wetlands, many of which feed drinking water systems. Critics quoted in the coverage call the plan a giveaway to ranchers and industrial polluters.

What's Next

The supplemental notice is expected to appear in the Federal Register within the next week, starting the 30-day clock. Kramer said the agencies will move "as expeditiously as possible" after that, but that "what's most important to us right now is getting those public comments in and ensuring that we take the time that we need to get this right."

Two open questions follow the final rule: whether courts find it goes further than Sackett v. EPA requires, and whether state and tribal rules fill the gap on land pulled out of federal jurisdiction.

More

The WOTUS definition has swung with the party in power for more than 50 years, and the fight has reached the Supreme Court twice since 2006. Industry groups have long argued federal oversight reached too far and stalled business and development; environmental groups counter that wetlands and seasonal streams feed the rivers and aquifers downstream. The Friday announcement is part of a wider rollback of environmental regulations under the current administration.

Poll

Who should decide which wetlands and streams are protected?

The federal government
0.0%
States and tribes
0.0%
Both, with a clear federal floor
0.0%
Not sure
0.0%

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