EPA and Army Corps Extend WOTUS Rule Review with New Public Comment Period

The Environmental Protection Agency, together with the Army Corps of Engineers, announced a supplemental public-comment period to reconsider three core terms in the Waters of the United States (WOTUS) definition. The agencies will seek views on revised options for “relatively permanent,” “continuous surface,” and will introduce a new definition for “perennial.” This step follows the evaluation of over 220,000 comments submitted during the previous round, which closed in January.

Agency officials stressed that the additional input is essential to produce a final rule that aligns with the Supreme Court’s 2023 Sackett v. EPA ruling. The notice will be published in the Federal Register, triggering a 30-day comment window. EPA Assistant Administrator for Water Jess Kramer said the administration aims to move “expeditiously” while ensuring stakeholder concerns are fully considered. The move further delays the agency’s timeline for finalizing the rule, which has swung between expansion and contraction over the past decades.