CERF Joins CASS to Submit Public Comments on WOTUS
On 23 April 2025, in response to the request from the US Environmental Protection Agency (EPA) and US Army Corps of Engineers (USACE) on “Implementation of the Definition of Waters of the United States” (Docket ID No. EPA-HQ-OW-2025-0093), CERF joined the nine other societies of the Consortium of Aquatic Science Societies (CASS) to submit public comments. The purpose of this docket is, in light of the 2023 Supreme Court decision in Sackett v. Environmental Protection Agency, to seek perspectives on defining ‘‘waters of the United States’’ (WOTUS) consistent with the Supreme Court’s interpretation of the scope of Clean Water Act jurisdiction and how to implement that interpretation as the agencies consider next steps.
In response, CASS submitted public comments to Administrator Lee Zeldin and Assistant Secretary Robyn S. Colosimo. The comments expressed concern about the loss of protections to wetlands and other aquatic habitats in a revised WOTUS definition. For example, the EPA estimated this decision may result in the loss of protection of 63% of the nation’s wetland acres, and recent results from the EPA’s National Wetland Condition Survey estimated 81% of the nation’s existing wetlands were in poor condition. Further loss of federal protections will result in continued degradation and loss of these ecosystems, which will have dire consequences for fish, fisheries, wildlife, watersheds, water quality and supply, flood control, as well as the people and economies that rely on them. CASS reiterated a science-based approach to Clean Water Act protections, such as those outlined in the comprehensive 2015 EPA scientific report “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence,” which synthesized more than 1,200 peer-reviewed publications. This is consistent with previous statements and public comments submitted by CERF, CASS, and other societies on WOTUS.