The Environmental Protection Agency (EPA) is requesting additional public comments as it seeks to redefine the scope of the Clean Water Act to limit the wetlands it covers. This request was announced on Friday, nearly a year after the agency proposed a rule defining "waters of the United States" (WOTUS) following a 2023 Supreme Court ruling that reduced federal protections for many wetlands. The request for new information is unusual and highlights the complexity of the water rule, which has been the subject of legal disputes for decades, including two Supreme Court cases since 2006.
The latest proposal is a "supplemental" rule intended to assist the EPA and the U.S. Army Corps of Engineers in evaluating various options as they work toward a final rule that aligns with the Supreme Court's decision in Sackett v. EPA. The 2023 ruling limited the federal government's authority to regulate water pollution in certain wetlands and favored property rights, stemming from a case involving Michael and Chantell Sackett, who sought to build a house near a lake.
The EPA stated that the new rule will reduce "bureaucratic red tape" and protect water quality while allowing states and tribes to manage their own water resources. It aims to provide greater predictability for landowners, farmers, ranchers, energy producers, developers, and small businesses by focusing on permanent bodies of water, such as streams, oceans, rivers, lakes, and wetlands directly connected to these water bodies.
EPA Administrator Lee Zeldin emphasized the goal of creating a durable WOTUS definition that adheres to the law and reduces regulatory uncertainty. He noted that the request for additional comments reflects a commitment to transparency and public input, which will help inform the final rule.
The proposal to revise the water rule is part of a broader trend of environmental regulations being rolled back by the Trump administration, which Zeldin describes as an effort to promote economic growth while addressing climate change concerns. Critics argue that the proposed rule favors ranchers and industrial polluters, with J.W. Glass from the Center for Biological Diversity stating that it could harm critical waterways and wildlife habitats across the country.
Jon Devine from the Natural Resources Defense Council expressed concerns that the proposal would significantly reduce protections for freshwater wetlands, particularly affecting the western United States. Zeldin countered these claims, asserting that any lands removed from federal jurisdiction would still be regulated by states and tribes.
The EPA and Army Corps will accept public comments for 30 days after the supplemental plan is published in the Federal Register, which is expected within the next week. The agencies have previously held three public meetings on the proposed rule, generating over 220,000 comments from various stakeholders.