EPA seeks public input on water rule limiting wetlands coverage
The Environmental Protection Agency is seeking more public input on a proposed water rule that aims to limit the scope of wetlands protected under federal law, EPA officials announced Friday. The request comes nearly a year after the agency proposed a rule defining “waters of the United States” (WOTUS), following a 2023 Supreme Court decision that narrowed federal protections for large areas, including some wetlands.
The agency described the new call for comments as highly unusual, citing the complexity of the regulation, which has been contested in courts for decades and reached the Supreme Court twice since 2006. The current proposal is a “supplemental” rule intended to help the EPA and the U.S. Army Corps of Engineers evaluate a broader range of options before finalizing the rule, which would implement the Supreme Court’s ruling in Sackett v. EPA.
The 2023 Supreme Court decision limited federal authority to regulate water pollution in certain wetlands, favoring property rights over federal protections. The ruling involved Idaho residents Michael and Chantell Sackett, who sought to build near a lake. The EPA says the forthcoming rule will reduce bureaucratic hurdles and recognize states and tribes as primary managers of water resources. It aims to provide greater clarity for landowners, farmers, ranchers, energy companies, developers, and small businesses.
The proposed regulation would focus on relatively permanent water bodies, such as streams, rivers, lakes, and oceans, along with wetlands directly connected to these waters, according to the EPA. EPA Administrator Lee Zeldin stated the goal is a durable WOTUS definition that complies with legal standards and reduces regulatory uncertainty. He emphasized the agency’s commitment to transparency and public participation in the process.
The November 2023 proposal to overhaul the water rule is part of a broader effort by the Trump administration to rollback numerous environmental regulations. Critics argue that the rule would favor industry interests, potentially damaging wetlands and waterways vital to wildlife and increasing vulnerability to climate-driven storms. Opponents, including the Center for Biological Diversity and the Natural Resources Defense Council, warn it could eliminate protections for many wetlands, especially in the western U.S.
EPA officials say the new rule will balance federal and state authority, with lands removed from federal jurisdiction still subject to state and tribal regulations. Public comments will be accepted for 30 days once the supplemental notice is published in the Federal Register, expected within the next week. The agencies have held three public meetings on the proposal, which has received more than 220,000 comments from various stakeholders.
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