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Updated Definition of “Waters of the United States”
Proposed rule · Federal Register document 2025-20402
- Published
- 11/20/2025
- Comment period closed
- 01/05/2026
- Pages
- 49
Summary
Proposed rule.
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army ("the agencies") are publishing for public comment a proposed rule revising the regulations defining the scope of waters federally covered under the Federal Water Pollution Control Act, as amended, also known as the Clean Water Act, in light of the U.S. Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. 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." This proposed rule is also intended to implement the overall objective of the Clean Water Act to restore and maintain the quality of the Nation's waters while respecting State and Tribal authority over their own land and water resources.
Details
- Type
- Proposed rule
- Docket
- EPA-HQ-OW-2025-0322; FRL 11132.1-01-OW
- Regulation ID (RIN)
- 2040-AG44
- CFR parts
- 33 CFR 328, 40 CFR 120
- Significant under E.O. 12866
- Yes
- Topics
- Administrative practice and procedure, Environmental protection, Navigation (water), Water pollution control, Waterways
This page summarizes a Federal Register document. Only the official Federal Register text has legal effect. Comment deadlines can be extended or reopened by a later notice.
Source: Office of the Federal Register, via the Federal Register API · Last updated 11/20/2025