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ARTICLE · 30 SEPTEMBER 2026

EPA, Corps Release WOTUS Revisions

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United StatesEnvironment
Rebecca Hays Barho
Rebecca Hays Barho
Jennifer Seely
Jennifer Seely
Mary Lynn K. Coffee
Mary Lynn K. Coffee
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On September 4, 2026, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of proposed revisions to the definition of “water of the United States” (WOTUS) in the context of federal Clean Water Act (CWA) implementation (Proposed Rule). The Proposed Rule is, in fact, the second time in less than a year that the EPA and U.S. Army Corps of Engineers (Corps) have released a proposed definition of WOTUS. The EPA and Corps (together, Agencies) previously published proposed revisions to the WOTUS definition on November 17, 2025 (2025 Proposal).

The 2025 Proposal would have removed from the definition WOTUS a number of features previously included as WOTUS, would have dispensed with providing automatic jurisdiction for interstate waters, and provided definitions for terms such as “continuous surface connection,” “ditch,” “prior converted cropland,” “relatively permanent,” “tributary,” and “waste system.” The 2025 Proposal received more than 220,000 public

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