November 21, 2025
Stacey Jensen
Oceans, Wetlands and Communities Division
Office of Water (4504-T)
Environmental Protection Agency
1200 Pennsylvania Avenue NW
Washington, DC 20460
CWAwotus@epa.gov
Milton Boyd
Office of the Assistant Secretary of the Army for Civil Works
Department of the Army
108 Army Pentagon
Washington, DC 20310–0104
usarmy.pentagon.hqda-asa-cw.mbx.asa-cwreporting@army.mil
Submitted via email and to Docket ID No. EPA-HQ-OW-2025- 0322 via regulations.gov and OW-Docket@epa.gov
To Whom It May Concern:
The undersigned organizations request that the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) extend the comment period for the proposed rule published November 20 in the Federal Register titled “Updated Definition of ‘Waters of the United States,’” 90 Fed. Reg. 52,498 (Nov. 20, 2025). If not extended, the comment period will end on January 5, 2026, and will encompass several holidays during which most members of the public, technical experts, and other key stakeholders will not have sufficient time to review or participate meaningfully.
A comment period of at least 60 days is required in these circumstances. For one, Executive Order 12,866 specifies that “each agency should afford the public a meaningful opportunity to comment on any proposed regulation, which in most cases should include a comment period of not less than 60 days.” 58 Fed. Reg. 51735 (Sept. 30, 1993). Additionally, for Clean Water Act rulemakings like this one, section 101(e) of the Act specifies: “Public participation in the development, revision, and enforcement of any regulation, standard, effluent limitation, plan, or program established by the Administrator or any State under this Act shall be provided for, encouraged, and assisted by the Administrator and the States.” 33 U.S.C. § 1251(e).
In keeping with those directives, when the agencies most recently sought comment on changes to these regulations, the public comment period was 62 days. 86 Fed. Reg. 69372 (Dec. 7, 2021) (proposing revisions and setting comment period to close February 7, 2022). Notably, that comment period also spanned several holidays. Similarly, during the rulemaking process that led to the Trump administration’s “Navigable Waters Protection Rule,” commenters also had 60 days to participate. See 84 Fed. Reg. 4,154 (Feb. 14, 2019) (comment period ending April 15, 2019).
A reasonable comment period is also necessary considering the substance of the proposed rule. The agencies have proposed to dramatically reduce the number and extent of streams, wetlands, and other waters subject to the pollution prevention, control, and cleanup requirements of the Clean Water Act – a matter of major public concern. Additionally, the agencies’ proposal relies on new legal interpretations and technical concepts that the public should have an adequate opportunity to evaluate and weigh in on.
We respectfully request a prompt response to this request.
Sincerely,
A House Unbuilt
Alabama Rivers Alliance
Allegheny CleanWays
Alliance for the Great Lakes
Alliance of Nurses for Healthy Environments
American Fisheries Society
American Sustainable Business Network
Amigos Bravos
Anacostia Riverkeeper
Appalachian Citizens’ Law Center
Backcountry Hunters & Anglers (BHA)
Bayou City Waterkeeper
Between the Waters
Black Warrior Riverkeeper
Black-Sampit Riverkeeper
Buffalo Niagara Waterkeeper
Ccoal
Center for Water Security and Cooperation
Chesapeake Bay Foundation
Children’s Environmental Health Network
Clean Water Action
Clean Wisconsin
Clinton River Watershed Council
Committee on the Middle Fork Vermilion River
Conservation Law Foundation, Inc.
Conservation Voters of Pennsylvania
Darnell School Farm LLC
EcoCredit Marketing
Elevate
Empower Her Environmental Wellness, Inc
Environmental Integrity Project
Environmental Law & Policy Center
Environmental Protection Network
Flow Water Advocates
Food & Water Watch
Freshwater Future
Friends of Illinois Nature Preserves
Friends of the Crooked River
Friends of the Fox River
Friends of the Mississippi River
Great Lakes Odyssey Radio Hour
Green Lake Association
Greenbrier River Watershed Association, Inc.
GreenLatinos
Healthy Gulf
Hispanic Access Foundation
Holy Spirit Missionary Sisters, USA-JPI
Hoosier Environmental Council
Illinois Division of the Izaak Walton League
Illinois Environmental Council
Indiana Conservation Voters
Indiana Sportsman’s Roundtable
Indiana Wildlife Federation
International Association for Great Lakes Research (IAGLR)
Izaak Walton League of America
Kentucky Ecological Restoration Association
Kentucky Resources Council
Kentucky Resources Council
Kentucky Waterways Alliance
Knickpoint Engineering, PLLC
Latino Farmers & Ranchers International, Inc.
Lower Susquehanna Riverkeeper Association
Lumber Riverkeeper
Massachusetts Rivers Alliance
Michigan Environmental Council
Milwaukee Riverkeeper
Minnesota Division Izaak Walton League of America
Motel Bear Lake
National Parks Conservation Association
National Wildlife Federation
Natural Resources Defense Council
NC Conservation Network
New Jersey League of Conservation Voters
New York League of Conservation Voters
Ohio Ecological Restoration Association
Ohio Environmental Council
Ohio River Foundation
One Mississippi
Onondaga Audubon
Peconic Baykeeper
PennFuture
Prairie State Conservation Coalition
Puget Soundkeeper Alliance
Religious Coalition for the Great Lakes
River Alliance of Wisconsin
River Fields, Louisville, KY
River Heritage Conservancy
Riverkeeper, Inc.
Rosscapes, Inc.
Save Lake Superior Association
Save Our Sky Blue Waters
Share the River
Sierra Club
Socially Responsible Agriculture Project
Southern Environmental Law Center
Surfrider Foundation
Tennessee Citizens for Wilderness Planning (Tcwp)
The Wetlands Initiative
Three Rivers Waterkeeper
Waccamaw Riverkeeper
Waterkeeper Alliance
Waterkeepers Chesapeake
West Virginia Rivers Coalition
Williams Forestry
Winyah Rivers Alliance
Wisconsin Council of Trout Unlimited
Wisconsin Division – Izaak Walton League of America
