October 9, 2026

IN LITIGATION

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

On October 9, 2026, WLF urged the EPA and the Army Corps of Engineers to adopt a supplemental proposal clarifying that the Clean Water Act applies to only “perennial” bodies of water. During the initial comment period earlier this year, WLF counseled that precise course, noting that it would ensure the agencies’ fidelity to the Supreme Court’s decision in Sackett v. EPA while providing certainty for the regulated community.

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Filing Date Court Document
Oct 9, 2026 U.S. Environmental Protection Agency Download File
Jan 5, 2026 U.S. Environmental Protection Agency Download File