Jan 5, 2026 Comments of the Waters Advocacy Coalition (WAC) on the EPA’s and U.S. Army Corps’ Proposed Rule, Updated Definition of “WOTUS” Docket ID No. EPA-HQ-OW-2025-0322
The Waters Advocacy Coalition (“WAC”) offers the following comments on the Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively, the “Agencies”) proposed revised definition of “waters of the United States” (“WOTUS”) under the Federal Water Pollution Control Act, as amended, also known as the Clean Water Act (“CWA” or “Act”),1 Updated Definition of “Waters of the United States,” 90 Fed. Reg. 52,498 (Nov. 20, 2025) (hereinafter, “Proposed Rule”). WAC appreciates the Agencies’ efforts to improve regulatory predictability and consistency by further clarifying the scope of WOTUS. When Congress enacted the CWA, it exercised its commerce power over navigation and specifically granted the Agencies the power to regulate “navigable waters,” which the CWA defines as “waters of the United States.”
