ASFPM Urges EPA and the Corps to Reconsider WOTUS Proposal

In December, ASFPM outlined concerns with a proposed rule from the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers that would significantly narrow the definition of “Waters of the United States” (WOTUS) under the Clean Water Act. This week, ASFPM formally submitted comments during the public comment period urging the agencies to withdraw the proposal and reconsider their approach.

In its comments, ASFPM emphasized that the proposed definition goes well beyond what is required by the Supreme Court’s 2023 Sackett v. EPA decision and would substantially weaken federal protections for wetlands, streams, and floodplains that play a critical role in reducing flood risk and protecting public safety. As ASFPM noted, “If adopted, this rule will have a highly counterproductive result, particularly endangering countless communities from water pollution and from dredge and fill and watershed altering activities exacerbating flooding risks, many of which otherwise could have been avoided or mitigated.”

ASFPM’s comments focused on several overarching concerns, including:

• Significant reductions in federal jurisdiction over wetlands and streams, particularly in states that rely solely on the federal Clean Water Act framework
• Increased flood risk resulting from the loss of natural flood storage, conveyance, and buffering functions provided by wetlands and floodplains
• Insufficient consideration of floodplain management and public safety, despite the Clean Water Act’s long-standing role in reducing disaster losses
• Greater regulatory and administrative burdens on states, tribes, and local governments, many of which lack the authority or resources to fill the gaps left by federal rollbacks

Overall, ASFPM concluded that flood risk management and public safety have been “woefully and dangerously ignored” in the proposed rule and urged EPA and the Corps to develop a more balanced, science-based approach that reflects the Clean Water Act’s purpose and the realities of watershed-scale flooding.

Read the ASFPM comment letter for more details on the association’s concerns and recommendations

ASFPM’s comments were among the 742 letters submitted in response to the proposed rule, both for and against—a relatively high number given the short, 45-day comment period that coincided with multiple major holidays. View the letters on Regulations.gov.