How to Comment on Proposed WOTUS Definition

On November 15, the US Environmental Protection Agency proposed new rules clarifying the definition of Waters of the United States (WOTUS).  These proposed rules are based on the altered definition of the Clean Water Act in the US Supreme Court's 2023 Sackett decision.  Here, the Supreme Court found EPA's working definition of Waters of the US to be too broad, too vague, and that it exceeded the authority granted by the Clean Water Act (CWA) concerning the traditional balance between federal and state power over private property.

The proposed rules would significantly limit federal jurisdiction over wetlands and ephemeral streams, leaving these water bodies unprotected in states where there is not also state wetland regulation that would cover them.  Comments are due to US EPA by January 5.  ​

LWV UMRR's WOTUS Subcommittee has analyzed the proposed rule and identified ways it will impact the Mississippi River.   A comment letter was developed;  it was approved by LWV US and the state Leagues of Illinois, Iowa, Minnesota, Missouri and Wisconsin all added their signatures.  This letter was submitted to US EPA on December 29, 2025.​

This is the full comment letter as submitted to US EPA on December 29:

lwv_umrr_wotus_rule_response_12-29-25.pdf
File Size:	364 kb
File Type:	pdf

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​THE PROPOSED RULE WAS ANNOUNCED at 1pm ET 11/17/25. Public comments are now being accepted here.  The deadline for those comments is January 5, 2026.

Click here to access the comment site

New Guidance for Comment Periods Under Trump Administration 
During this comment period, it is critical that each group and individual provide its own unique comment tailored to the individual situation. The Trump administration is now flagging and discarding comments that appear too similar or duplicative, so the more personalized you and your organization can make your comment, the better.
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Key principles for written and verbal testimony:

• Make it personal - Share your relevant demographics- constituency, geographic, impacts, etc.
• • Why does clean water matter to you? Use your comments to add a personal face to this national problem. The more ways people use water the better
  • If you are making a connection to waters in your state/state impacts, you can use NRDC map and report to pull out examples: https://www.nrdc.org/resources/mapping-destruction
  • If there are any flooding, pollution, development issues (eg property got developed and now there are no birds)
  • If you have a farm, get water from wells for irrigation, drinking water, etc.
  • Any info on/ connection to impacts such as…flooding is worse in recent years, streams that used to flow all the time are now dry, etc.
• Make a clear ask ​

On December 22,  LWV UMRR held a webinar to share our comments.  You can watch the 45-mnute recorded video by clicking the button below.  

Click here to view the recorded webinar