Updated Definition of Waters of the United States (EPA)
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On November 17, 2025, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “Waters of the United States.” This proposal implements the Supreme Court's decision in Sackett v. EPA. The proposed rule will play a key role in EPA’s Powering the Great American Comeback initiative by protecting water resources, strengthening cooperative federalism, and supporting American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners.
In developing the proposed rule, EPA and the Army reviewed and considered the extensive feedback and recommendations the agencies received from States, Tribes, local governments, and stakeholders throughout consultations and the pre-proposal recommendations docket and listening sessions.
On November 20, 2025, the proposed rule Updated Definition of "Waters of the United States" published in the Federal Register (FR). The 45-day comment period will close on January 5, 2026.
