The following is a comment submitted on behalf of The Institute for Energy Research on Proposed Rule: Updated Definition of ‘‘Waters of the United States’’
Docket: EPA-HQ-OW-2025-0322-0001
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Comment submitted by:
Institute for Energy Research
1155 15th St NW Suite 500
Washington, DC 20005
Full PDF with footnotes available here.
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The Institute for Energy Research strongly supports the Agencies’ effort to correct course following decades of regulatory overreach. The Proposed Rule represents a meaningful step toward conforming agency practice to the statutory text of the Clean Water Act (CWA) and the Supreme Court’s decision in Sackett v. U.S. Environmental Protection Agency, 598 U.S. 651 (2023).
On February 18, 2025, the Institute for Energy Research filed a petition requesting that the Agencies initiate notice-and- comment rulemaking to address serious deficiencies in the post-Sackett conforming rule.1 We are pleased that the Agencies have undertaken this rulemaking and commend the Agencies for proposing revisions that address many of the concerns raised in our petition. We submit these comments to identify areas of agreement, to support the Agencies’ alternative approach to defining “waters of the United States,” and to recommend additional improvements in the Final Rule to fully comply with constitutional limitations and Sackett ‘s requirements.
Read The Full Comment Here
