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Data / Federal rules / 2025-20402

Updated Definition of “Waters of the United States”

The Environmental Protection Agency published this proposed rule in the Federal Register on November 20, 2025. Comments closed on January 5, 2026.

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What the agency says

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army ("the agencies") are publishing for public comment a proposed rule revising the regulations defining the scope of waters federally covered under the Federal Water Pollution Control Act, as amended, also known as the Clean Water Act, in light of the U.S. Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. With this proposed rule, the agencies intend to provide greater regulatory certainty and increase Clean Water Act program predictability and consistency by clarifying the definition of "waters of the United States." This proposed rule is also intended to implement the overall objective of the Clean Water Act to restore and maintain the quality of the Nation's waters while respecting State and Tribal authority over their own land and water resources.

Key facts

Document number
2025-20402
Type
Proposed rule
Action
Proposed rule
Agency
Defense Department; Engineers Corps; Environmental Protection Agency
Published
November 20, 2025
Comments due
January 5, 2026
Dates
Comments must be received on or before January 5, 2026.
Docket
EPA-HQ-OW-2025-0322; FRL 11132.1-01-OW
Regulation ID (RIN)
2040-AG44
Code of Federal Regulations
33 CFR 328; 40 CFR 120
Topics
Administrative practice and procedure; Environmental protection; Navigation (water); Water pollution control; Waterways
Significant
Yes, under Executive Order 12866
Pages
49

The document on federalregister.gov PDF

Other documents from the Environmental Protection Agency

Everything from the Environmental Protection Agency · Rules on administrative practice and procedure · Rules on environmental protection · Rules on navigation (water) · Published in November 2025

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.