On September 4, 2026, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a Supplemental Notice of Proposed Rulemaking (SNPRM) to gather input on additional regulatory alternatives they will consider alongside the 2025 Updated Definition of “Waters of the United States” proposed rule. The SNPRM was published in the Federal Register on September 9, 2026.
The 30-day comment period for the SNPRM closes on October 9, 2026. The purpose of this supplemental proposal is to provide an opportunity for public input on the new regulatory alternatives that the agencies will consider along with the regulatory revisions proposed in 2025 as they develop a final rule to fully implement the Supreme Court’s 2023 decision in Sackett v. EPA.
Read the fact sheet above and the submission to the Federal Register below and use this link to submit your comment before October 9th.
Gunpowder RIVERKEEPER® stands with the Waterkeeper’s Alliance in opposing this change as narrowing the definition of “waters of the United States” (WOTUS) potentially eliminates Clean Water Act protections for at least 95% of individual wetlands and 79% of rivers and streams in the continental U.S.