These comments were submitted by The Wildlife Society (TWS) in response to a proposed supplemental rule by the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers to update the definition of “waters of the United States” (WOTUS) protected under the Clean Water Act. The supplemental proposed rule follows an earlier proposal published in November 2025, which updated the regulatory definition of WOTUS after the Supreme Court’s decision in Sackett v. EPA. TWS recommends that the EPA and Army Corps maintain the current definition of WOTUS, rather than adopt the definition put forth in the supplemental proposal. TWS finds that the new proposal:
- Narrows the definition of WOTUS and reduces corresponding wetland protections in a manner that exceeds judicial requirements set in the 2023 Sackett v. EPA decision, and
- Does not support the science-based management of stream and wetland habitats.
