AFS and CERF Submit Public Comments on WOTUS
CERF joined the American Fisheries Society (AFS) to submit public comments outlining concerns with the “Updated Definition of ‘Waters of the United States’,”a proposed rule by the US Army Corps of Engineers and the US Environmental Protection Agency published in the Federal Register on 20 November 2025. In 2023, the US Supreme Court decided in Sackett v. EPA that “Waters of the US” (WOTUS) regulated under the Clean Water Act (CWA) must be “relatively permanent” and have a “continuous surface connection” with traditional navigable waters, potentially removing approximately two-thirds of the nation’s remaining wetlands and up to 5 million miles of streams from protection. In the public comments, CERF and AFS argue that the proposed rule further erodes these protections by imposing new and confusing standards that restrict protections in a manner not required by Sackett and in contradiction with the science and the purpose of the CWA. For example, the proposed rule defines “relatively permanent” to mean “standing or continuously flowing bodies of surface water that are standing or continuously flowing year-round or at least during the wet season” without clearly defining wet season, thus adding confusion and potentially removing from protection waters with unpredictable or non-seasonal connections (such as some ephemeral streams). The 45-day public comment period closed on 5 January 2026; the final rule is expected to take effect later this year. You can read the full comments and all previous CERF comments and statements on WOTUS on the Policy & Advocacy website.
