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ARTICLE · 18 SEPTEMBER 2026

WOTUS Proposed Rule Second Comment Period Ends October 9, 2026

The EPA and Army Corps of Engineers have issued a second proposed rule refining the definition of "waters of the United States" (WOTUS), addressing ambiguities raised in over 220,000 public comments. The updated proposal clarifies three critical terms—"relatively permanent," "continuous surface connection," and "perennial"—that determine which water bodies fall under federal jurisdiction.

United StatesEnvironment

The United States Environmental Protection Agency (“EPA”) and the United States Army Corps of Engineers (“Corps”) recently published a second proposed rule updating the definition of “waters of the United States” (“WOTUS”). This alert briefly describes the proposed changes, why it happened, and next steps.

Why a Second Proposed Rule

In a previous alert, we discussed the background on why the Trump administration proposed to change the definition of WOTUS in 2025. Since that time, the EPA and the Corps have received over 220,000 public comments. Many comments pointed to ambiguity in the proposed rule and asked for additional clarification. This second proposed rule attempts to provide clarity on three specific definitions.

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