EPA, Army Corps Offer New WOTUS Rule Alternatives
A supplemental proposed rule seeks to narrow federal Clean Water Act jurisdiction by providing bright-line definitions for key terms left ambiguous after the Supreme Court’s Sackett decision.
The EPA and the Army Corps of Engineers have issued a supplemental notice of proposed rulemaking to further clarify the definition of “waters of the United States” (WOTUS) under the Clean Water Act. The proposal, which follows an initial rule proposed in 2025, aims to align federal regulations with the Supreme Court's 2023 decision in 'Sackett v. EPA'. The new alternatives provide more concrete, bright-line definitions for key jurisdictional terms such as “relatively permanent” and “continuous surface connection,” notably removing a controversial “wet season” concept from the earlier draft.
These definitions are critical because they determine the reach of federal environmental law. By proposing narrower tests—for example, defining "perennial" waters as those with flow every day of the year—the agencies seek to reduce regulatory uncertainty and streamline permitting. If adopted, these changes would likely exclude many intermittent streams and seasonal wetlands from federal oversight, significantly reducing the permitting burden for landowners, infrastructure projects, and energy developers. The agencies are accepting public comments on the supplemental proposal through October 9, 2026, and the final rule will shape the landscape of federal water regulation for years.