2040-AG44 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2040 Office of Water OW 2000 Environmental Protection Agency EPA 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 considering 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 Final Rule Stage Undetermined No Deregulatory 40 CFR 120.2 33 U.S.C. 1251 et seq. 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 considering the Supreme Courts 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 is evaluating alternatives for this action.

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

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The EPA is evaluating the risks associated with this action.

]]> NPRM 11/20/2025 90 FR 52498 Final Rule 07/00/2026 No No Federal Local State Tribal Undetermined No No No 2040-AG32 Related to Rose Kwok 2040 Office of Water OW 202 566-0657 kwok.rose@epa.gov 1200 Pennsylvania Avenue NW, Mail Code 4504T, Washington DC 20460