EPN Comments on Supplemental Updated Definition of “Waters of the United States”
On October 8, 2026, the Environmental Protection Network submitted formal comments opposing EPA and the U.S. Army Corps of Engineers’ supplemental proposed rule on the definition of “Waters of the United States” (WOTUS). EPN argues that redefining “relatively permanent” and “continuous surface connection” strictly around perennial flow with rigid time thresholds is scientifically indefensible, inconsistent with Supreme Court precedents such as Rapanos and Sackett, and practically unimplementable in the field. They warn that these changes would remove Clean Water Act protections from the vast majority of U.S. wetlands and streams, severely compromising water quality, increasing flood damages, and shifting significant environmental and economic costs from private developers to the public.
