Waters of the United States

EPA and the Army Announce Supplemental Proposed Rule: Updated Definition of "Waters of the United States"

On September 4, 2026, the U.S. Environmental Protection Agency and the U.S. Department of the Army announced a supplemental proposed rule to gather input on additional regulatory alternatives that they will consider alongside the 2025 proposed rule Updated Definition of “Waters of the United States.” The 30-day public comment period will open when the supplemental proposed rule publishes in the Federal Register.  

EPA and the Army Announce Proposed Rule: Updated Definition of "Waters of the United States"

On November 17, 2025, the U.S. Environmental Protection Agency and the U.S. Department of the Army announced a proposed rule that would clarify the definition of "waters of the United States" and fully implement the U.S. Supreme Court's decision in Sackett v. Environmental Protection Agency. The proposed rule 45-day public comment period closed on January 5, 2026. 

Read the proposed rule (PDF).

Read the press release. 

Read the public fact sheet (PDF).

Read the agricultural fact sheet (PDF).

Learn more information about the proposed rule.

Read comments on the proposed rule

EPA and Army Announce Guidance and a "WOTUS Notice: The Final Response to SCOTUS"

On March 12, 2025, the U.S. Environmental Protection Agency and Department of the Army announced a joint memorandum issuing guidance to field staff on implementation of “continuous surface connection” consistent with the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. The agencies also announced a Federal Register notice publicizing a series of six listening sessions and a 30-day recommendations docket to solicit feedback on key aspects of the definition of “waters of the United States.”

Read the joint guidance on continuous surface connection (pdf).

Read the Federal Register notice (pdf).

Read the press release.

Read written recommendations.