EPA seeks more public comments as it works to narrow wetlands protections

The Environmental Protection Agency is asking for more public input as it tries to rewrite the federal rule defining which wetlands and waterways receive protection under the Clean Water Act.

The request comes nearly a year after the agency proposed a definition based on a 2023 Supreme Court ruling. In Sackett v. EPA, the court sharply limited the federal government’s authority over certain wetlands, favoring property rights in the case of Idaho couple Michael and Chantell Sackett, who wanted to build a house near a lake.

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The EPA's goal is a durable WOTUS definition that follows the law and ends burdensome regulatory uncertainty

The new supplemental rule will help the EPA and the U.S. Army Corps of Engineers consider a wider range of options before issuing a final rule. The agencies say the measure will focus on relatively permanent bodies of water, including streams, oceans, rivers and lakes, as well as wetlands directly connected to them.

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recognizing that states and tribes are best positioned to manage their own water resources

EPA Administrator Lee Zeldin said the agency wants a lasting definition that follows the law and ends regulatory uncertainty. The agency also said the approach would reduce bureaucratic obstacles, protect water quality and recognize that states and tribes are best placed to manage their own water resources. It said the rule would give greater predictability to landowners, farmers, ranchers, energy producers, technology companies, developers and small businesses.

The proposal forms part of the Trump administration’s broader rollback of environmental regulations. Zeldin has described that effort as a drive to accelerate economic prosperity while opposing what he calls “climate change religion.” Critics have described the water rule as a giveaway to ranchers and industrial polluters, warning that the push could allow industries to develop more wetlands and streams.

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climate change religion