The U.S. Environmental Protection Agency and U.S. Department of the Army announced June 17 that the groups expect to issue a final Waters of the U.S. that will bring it in line with the Supreme Court’s 2023 Sackett decision by the end of 2025.
The announcement came in the wake of nine listening sessions the groups conducted to get input from key stakeholders. Those listening sessions included one that sought comments from the state level and another that focused on industries including agriculture.
“When it comes to the definition of ‘waters of the United States,’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” says EPA Administrator Lee Zeldin. “These listening sessions gave us real-world perspectives as we work toward a proposed rule that follows the Supreme Court decision in Sackett, ends the regulatory uncertainty and ping-pong that has persisted for years, supports our nation’s farmers who feed and fuel the world, and advances the agency’s Powering the Great American Comeback initiative.”
During the state-level listening session, commentors stressed the need for cooperative federalism and flexibility. During the industry-focused listening session, those representing agricultural interests frequently echoed the need for a predictable, understandable definition that is consistently enforced.
“The U.S. Army Corps of Engineers plays a key role in implementing the Clean Water Act. The importance of input from all our stakeholders including landowners, local governments, the states, Tribes and others is critical to how we undertake our statutory responsibilities,” says Lee Forsgren, acting assistant secretary of the Army for Civil Works. “We understand the importance of communication and appreciate the feedback we received as we move forward together with EPA on this important effort.”
What’s coming for WOTUS
EPA’s press office tells The Packer the agencies expect a proposed final rule will be issued in the coming months during the summer. This proposed rule will be available on the Federal Register.
“Once proposed, EPA and Army will open a public comment period, review comments and finalize a rule. Per typical agency practice, public comments would be submitted to the rulemaking docket, including via Regulations.gov,” the EPA press office says.
The process of reviewing public comment can take some time, particularly on regulations that come with as much public attention as WOTUS. The EPA press office noted that it received over 45,000 letters submitted via the recommendations docket that was open alongside the listening sessions, for example.
The agencies said they intend to issue a final rule by the end of 2025 after the public input is reviewed.
“Once the rule is finalized, it typically takes effect 60 days after publication in the Federal Register pursuant to Congressional Review Act requirements,” the EPA press office says.
More information about WOTUS can be found online. Interested members of the public can also subscribe to specific agencies on the Federal Register to be alerted when new documents for public comment are available.
