EPA Reopens Public Comment On Narrowed Federal Wetlands Protection Rule
The Environmental Protection Agency on Friday, September 4, 2026, reopened public comment on a supplemental "waters of the United States" rule that would narrow federal wetlands protections.[1]
EPA and the Army Corps said they will take comments for 30 days after the proposal appears in the Federal Register, adding to more than 220,000 comments already submitted on the November 2025 proposal.[1] The draft would confine federal jurisdiction to relatively permanent, standing or continuously flowing waters and wetlands directly connected to them, leaving more isolated wetlands mainly to state and tribal regulation.[1]
The change is designed to align Clean Water Act jurisdiction with the Supreme Court's 2023 Sackett v. EPA decision, which limited federal authority over many wetlands.[1] EPA has said it is struggling to craft a rule that will satisfy courts and survive legal challenges while providing clarity to developers, farmers and states.[1]
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📌 Key Facts
- On Friday, September 4, 2026, EPA announced it is seeking additional public comments on a supplemental 'waters of the United States' rule.
- The supplemental proposal is intended to align Clean Water Act jurisdiction with the Supreme Court's 2023 Sackett v. EPA decision limiting federal authority over many wetlands.
- EPA and the Army Corps will take comments for 30 days after Federal Register publication, adding to more than 220,000 comments already submitted on the November 2025 proposal.
- The draft rule would cover relatively permanent, standing or continuously flowing waters and wetlands directly connected to them, leaving more isolated wetlands mainly to state and tribal regulation.
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