Coalition Comments on WOTUS

ARTBA as part of the Waters Advocacy Coalition (WAC) submitted comprehensive comments to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on the proposed updated definition of “Waters of the United States” (WOTUS). The coalition supported the agencies’ efforts to align Clean Water Act jurisdiction with Supreme Court precedent, particularly the Sackett decision, while urging additional clarifications to ensure predictable and durable implementation. Key recommendations focused on clearly defining relatively permanent waters and continuous surface connections, preserving state authority over land and water use, strengthening exclusions for ditches and stormwater features, and confirming that the burden of proving federal jurisdiction rests with the government.

Read the full comments here.