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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.

Statement of Need:

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.

Summary of the Legal Basis:

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

Alternatives:

The EPA is evaluating alternatives for this action.

Anticipated Costs and Benefits:

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

Risks:

The EPA is evaluating the risks associated with this action.