Updated Definition of Waters of the United States

The U.S. Environmental Protection Agency and the U.S. Department of the Army are undertaking a rulemaking to revise the regulations defining the scope of waters federally covered under the Clean Water Act in light of the Supreme Court’s decision in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023). With this proposed rule, the agencies intend to provide greater regulatory certainty and increase Clean Water Act program predictability and consistency by clarifying the definition of “waters of the United States.” Related Dockets: EPA-HQ-OW-2025-0093; EPA-HQ-OW-2021-0602; EPA-HQ-OW-2023-0346