Federalism Consultation

EPA is archiving material relevant to the Navigable Waters Protection Rule, including this page, to avoid confusion during the upcoming rulemaking efforts.

Consistent with E.O. 13132, Federalism, the EPA, Department of Army, and the Army Corps of Engineers consulted with state and local government officials, or their representative national organizations, while developing a revised definition of "waters of the United States." The agencies consulted due to strong interest on the part of state and local governments on this issue over the years and potential effects associated with a change in the definition of “waters of the United States”.

In addition to an initial Federalism consultation briefing held April 19, 2017, the agencies convened several additional meetings with intergovernmental associations and their members in states and communities to solicit input on the proposed revised definition of "waters of the United States" (WOTUS) consistent with the February Executive Order, the Clean Water Act, and U.S. Supreme Court opinions.

Federalism Consultation Letters

A total of 169 letters were submitted as part of the Federalism consultation process; some of these letters were signed by multiple representatives. This total count includes letters from: