Environment & Climate
EPA seeks public comment on plan to narrow federal wetland protections
A supplemental clean water rule proposes strict duration standards following a 2023 Supreme Court ruling.
Latest update: Added the specific proposed standard requiring streams and connected wetlands to maintain surface water for at least 11 months per year.
The short version
- The EPA and the U.S. Army Corps of Engineers issued a supplemental proposed rule to further restrict Clean Water Act oversight over wetlands and streams.[The Hill · PBS NewsHour]
- The proposal considers defining protected streams and wetlands as those retaining water or surface connections for at least 11 months per year.[The Hill]
- Federal officials argue the move establishes regulatory clarity, while environmental groups warn it will remove critical protections and increase pollution risks.[The Hill · PBS NewsHour · Associated Press]
- Regulators will open a 30-day public comment window once the notice appears in the Federal Register before issuing a final regulation.[Associated Press]
Key facts
- The EPA and the U.S. Army Corps of Engineers issued a supplemental proposal to consider narrowing federal Clean Water Act jurisdiction.[The Hill · PBS NewsHour]
- The rulemaking builds on the 2023 Supreme Court Sackett v. EPA decision, which required protected waters to be relatively permanent or have continuous surface connections.[The Hill · PBS NewsHour]
- Under the supplemental proposal, relatively permanent streams and connected wetlands would need to maintain standing, flowing, or connected surface water every day for at least 11 months each year.[The Hill]
- EPA Administrator Lee Zeldin stated that the revision aims to establish regulatory clarity, end uncertainty, and balance federal and state authority.[PBS NewsHour · Associated Press]
- A 30-day public comment period will open following publication in the Federal Register, building on more than 220,000 comments received from earlier stages.[PBS NewsHour · Associated Press]
What remains uncertain
- The final scope of the rule remains undetermined as the EPA and Army Corps evaluate public feedback and alternative policy options.[The Hill · PBS NewsHour]
Sources
Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.
- EPA seeks more public comments as it struggles to devise water rule that limits scope on wetlandsPBS NewsHour - Politics · Wire: associated-press
- EPA seeks more public comments as it struggles to devise water rule that limits scope on wetlandsAssociated Press · Wire: associated-press
- EPA considers further narrowing Clean Water Act protectionsThe Hill