WASHINGTON, Sept 4 (Reuters) – The U.S. Environmental Protection Agency and Army Corps of Engineers on Friday proposed an additional rulemaking to get more public input about how to define which U.S. waters should face federal regulation that can withstand future legal challenges.
• A Supplemental Notice of Proposed Rulemaking will gather more comment on defining “waters of the United States” (WOTUS)
• The agencies also seek comment on new alternatives for two key terms: “relatively permanent” waters and “continuous surface connection” wetlands
• The EPA last year proposed narrowing the definition of waters that can be federally regulated to comply with the 2023 Sackett vs EPA Supreme Court decision, a move cheered by Republican lawmakers in agricultural states and some farmers and landowners
• “The EPA’s goal is a durable WOTUS definition that follows the law and ends burdensome regulatory uncertainty,” said EPA Administrator Lee Zeldin
• Once the supplemental proposal is published in the Federal Register, the agencies will accept public comments for 30 days
(Reporting by Valerie Volcovici; editing by Edward Tobin)
