EPA and the Army Corps, November 2025: proposed a new definition of 'waters of the United States' after Sackett, dropping interstate waters as a category, defining 'relatively permanent' and adding a groundwater exclusion. A proposal only, not a final rule.
With this proposed rule, the agencies intend to provide greater regulatory certainty and increase Clean Water Act program predictability and consistency by clarifying the definition of 'waters of the United States.'
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EPA and the Army Corps, November 2025: proposed a new definition of 'waters of the United States' after Sackett, dropping interstate waters as a category, defining 'relatively permanent' and adding a groundwater exclusion. A proposal only, not a final rule.