In re Updated Definition of “Waters of the United States”

On January 5, 2026, WLF urged the EPA and the Army Corps of Engineers to adhere to the Supreme Court’s decision in Sackett v. EPA when updating the agencies’ definition of “waters of the United States.” While the comments noted that the proposed rule would be an improvement over the status quo, WLF advised the agencies to avoid adopting complicated definitions for “relatively permanent” waters and eschew reliance on a “wet season” as a hook for Clean Water Act jurisdiction over often-dry land.