EPA and Army Corps of Engineers Seek More Input Before Finalizing WOTUS Definition

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers announced on September 4 a Supplemental Notice of Proposed Rulemaking, gathering additional public input on regulatory language for the Waters of the United States (WOTUS) definition to be considered alongside the 2025 proposed rule.

The rule currently still omits groundwater from the definition, largely excluding groundwater from federal regulations.

NGWA has long fought to keep groundwater excluded from federal WOTUS jurisdiction, and the Association is reviewing the supplemental notice closely to make sure that language holds as the agencies work toward a final rule implementing the U.S. Supreme Court’s Sackett v. EPA decision.

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