0710-AB59 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0710 U.S. Army Corps of Engineers COE 0700 Department of War DOW Updated Definition of "Waters of the United States"

The EPA and the Department of the Army are undertaking a rulemaking to revise key topics of the waters of the United States definition in light of the Supreme Court's decision in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), including continuous surface connection, relatively permanent, and jurisdictional versus non-jurisdictional ditches. These revisions focus on clarity, simplicity, and improvements that will stand the test of time.  

 

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Undetermined Undetermined Deregulatory 33 CFR 328 33 U.S.C. 1344 33 U.S.C. 1251 Yes

The Environmental Protection Agency and the Department of the Army are undertaking a rulemaking to revise key topics of the waters of the United States definition in light of the Supreme Court's decision in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), including continuous surface connection, relatively permanent, and jurisdictional versus non-jurisdictional ditches. These revisions focus on clarity, simplicity, and improvements that will stand the test of time.  This action will streamline implementation of Clean Water Act programs by aligning the definition of waters of the United States with Sackett, which significantly narrowed the definition under the Clean Water Act.  

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The Clean Water Act (33 U.S.C. 1251 et seq.)

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The EPA and the Army are evaluating alternatives for this action. 

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The EPA and Army are evaluating the anticipated costs and benefits of this action.

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The EPA and the Army are evaluating the risks associated with this action.

]]> NPRM 07/00/2026 Final Action 07/00/2026 No No Federal Local State Tribal Undetermined No No No 2040 Office of Water OW Joint Elliott Carman 0700 Department of War DOW 703 300-2899 elliott.n.carman.civ@army.mil 108 Army Pentagon, Room 3E419, Washington DC 20310-0108