EPA seeks fresh input on plan to narrow federal wetland protections

The Environmental Protection Agency (EPA) is asking for another round of public feedback as it works to finalize a rule that would significantly narrow the scope of federal wetland protections under the Clean Water Act.

The request, announced on Friday, comes nearly a year after the agency first proposed a definition for "waters of the United States" (WOTUS) that aligns with a 2023 Supreme Court ruling. That decision, in the case of Sackett v. EPA, removed federal safeguards from vast areas of wetlands, tilting the balance toward property rights over pollution control.

This new "supplemental" notice is an unusual step, reflecting the complexity of a regulation that has been contested in courts for decades and has reached the Supreme Court twice since 2006. The EPA and the U.S. Army Corps of Engineers say the additional input will help them weigh a broader set of options as they craft a final rule.

Under the proposed framework, federal oversight would focus on relatively permanent, standing, or continuously flowing water bodies—such as streams, oceans, rivers, and lakes—along with wetlands directly connected to them. The EPA argues the rule will cut bureaucratic red tape, provide predictability for landowners and businesses, and respect the role of states and tribes in managing local water resources.

EPA Administrator Lee Zeldin said the goal is a durable WOTUS definition that follows the law and ends regulatory uncertainty. He framed the supplemental comment period as part of a commitment to transparency and public input.

The proposal is part of a broader push by the Trump administration to roll back environmental regulations in the name of economic growth. Critics, however, have called the plan a giveaway to industrial polluters. J.W. Glass of the Center for Biological Diversity warned last year that it would destroy thousands of miles of waterways and leave wetlands vulnerable to storm surges worsened by climate change.

Zeldin has countered that lands removed from federal jurisdiction will still face oversight from state and tribal authorities. The public will have 30 days to submit comments once the supplemental notice appears in the Federal Register, expected within the next week. The agencies have already held three public meetings and received more than 220,000 comments on the initial proposal.