EPA and Army Corps Propose Supplemental 'waters of the US' Rule
Published Friday, September 11, 2026
The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced late last week a supplemental notice of proposed rulemaking seeking public comment on additional language defining “waters of the United States,” or WOTUS.
The supplemental proposal builds on the agencies’ 2025 rulemaking, which sought to update the WOTUS definition following the U.S. Supreme Court’s 2023 decision in Sackett v. EPA. The newly proposed language marks a shift from the earlier proposal and would further narrow the scope of waters and private property subject to federal jurisdiction.
The American Farm Bureau Federation expressed support for the revised language in a recent article. The public comment period will remain open for 30 days following publication in the Federal Register.
Staff contact: Erin Huston, ehuston@cfbf.com.
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