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Waters of the United States - US EPA On November 17, 2025, the U S Environmental Protection Agency and the U S Department of the Army announced a proposed rule that would clarify the definition of "waters of the United States" and fully implement the U S Supreme Court's decision in Sackett v Environmental Protection Agency
Current Implementation of Waters of the United States The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023 In addition, the January 2023 Rule is not currently operative in certain states due to ongoing litigation
Definition of Waters of the United States: Rule Status and Litigation . . . As a result of ongoing litigation on the January 2023 Rule, the agencies are implementing the definition of “waters of the United States” under the January 2023 Rule, as amended by the conforming rule, in 24 states, the District of Columbia, and the U S Territories
Definition of Waters of the United States under the Clean Water Act What are "Waters of the United States?" The 1972 amendments to the Clean Water Act established federal jurisdiction over “navigable waters,” defined in the Act as the “waters of the United States” (CWA Section 502 (7)) Many Clean Water Act programs apply only to “waters of the United States ”
About Waters of the United States - US EPA What are "Waters of the United States"? The 1972 amendments to the Clean Water Act established federal jurisdiction over “navigable waters,” defined in the Act as the “waters of the United States” (CWA Section 502 (7)) Many Clean Water Act programs apply only to “waters of the United States ”
Updated Definition of Waters of the United States | US EPA On November 17, 2025, the U S Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States ”
Revising the Definition of Waters of the United States Learn more about the proposed rule On August 29, 2023, the U S Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023
Updates on “Waters of the United States” Clean Water Act regulatory programs address “navigable waters,” defined in the statute as “the waters of the United States, including the territorial seas ”
Public Fact Sheet_Revised Definition of Waters of the United States . . . The agencies’ definition of “waters of the United States” provides jurisdiction over waterbodies that Congress intended to protect under the Clean Water Act, including traditional navigable waters (e g , certain large rivers and lakes), territorial seas, and interstate waters
Amendments to the 2023 Rule | US EPA This final rule conforms the definition of “waters of the United States” to the U S Supreme Court’s May 25, 2023, decision in the case of Sackett v Environmental Protection Agency