Gipson urges MDEQ to reject updated “Waters of the State” regulations

Gipson urges MDEQ to reject updated. Gipson urges MDEQ to reject updated "Waters of the State" regulations.

Key points

• The 9-0 Sackett ruling held that the Clean Water Act extends only to wetlands that have a continuous surface connection with "waters" of the United States.
• The commissioner remarked he became aware of the problem in early 2026 after talking to Mississippi landowners, economic developers and others in the construction industry.
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• Huntington Bank investing over $40 million to modernize Tupelo operations center, regional headquarters.
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Gipson urges MDEQ to reject updated. Gipson urges MDEQ to reject updated "Waters of the State" regulations. By: Frank Corder – October 14, 2026. Ag Commissioner Andy Gipson (Photo from Gipson Facebook).

In practice, the Agriculture and Commerce Commissioner remarked he became aware of the problem in early 2026 after talking to Mississippi landowners, economic developers and others in the construction industry.

Agriculture and Commerce Commissioner Andy Gipson (R) is urging the Mississippi Department of Environmental Quality (MDEQ) to reject regulations the agency has been in process of developing for the State Water Alteration Program (SWAP).

MDEQ is proposing updated and revised "Waters of the State" regulations that would extend state environmental regulatory reach to include "permanent, intermittent, or ephemeral" water streams, drainage areas, and ditches.

Gipson remarked Tuesday the proposed state regulations are similar to those previously attempted by the U.S. Environmental Protection Agency (EPA) under its years-long "Waters of the United States" (WOTUS) Clean Water Act rules that were struck down by the U.S. Supreme Court in the 2023 Sackett decision.

In practice, the 9-0 Sackett ruling held that the Clean Water Act extends only to wetlands that have a continuous surface connection with "waters" of the United States.

"At a time when Mississippi landowners, farmers and ranchers have been celebrating the rollback of federal EPA WOTUS rules since the Sackett decision, it was surprising to me that our state DEQ regulators in Mississippi are proposing extensive new land and water use regulations under a Waters of the State style SWAP program, " remarked Gipson.

Notably, the commissioner remarked he became aware of the problem in early 2026 after talking to Mississippi landowners, economic developers and others in the construction industry.

"I was compelled to weigh in on the side of less regulations and more landowner rights, " Gipson remarked.

He sent his remarks to MDEQ last week before the close of the agency's comment period on the proposed updated regulations. MDEQ held four listening sessions throughout the state in February 2026. The original comment period was to end April 6, but MDEQ extended the time to October 5 to allow "additional time for thoughtful consideration and feedback." The proposed change as offered by MDEQ is shown below.

Commissioner Gipson remarked surrounding states have not attempted to impose new state regulations while states like Tennessee have voted to rollback similar state regulations after the Sackett decision.

"I believe Mississippi should take the approach of less regulation, not more, so that Mississippi doesn't find ourselves at a competitive disadvantage, either in terms of economic development or regulatory structure, compared to our surrounding states, " Gipson argued. "Mississippi landowners deserve more freedom, not less." Regarding the Author(s).

Frank Corder is a native of Pascagoula. For almost two decades, he has noted and offered analysis on administration, public policy, business and matters of faith. Frank's interviews, articles, and columns have been shared throughout Mississippi as well as in national publications. He is a frequent guest on radio and television, providing insight and commentary on the inner workings of the Magnolia State. Frank has served his community in both elected and appointed public office, hosted his own local radio and television programs, and managed private businesses all while being an engaged husband and father. Email Frank: [email protected].

News Frank Corder October 13, 2026.

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For now, gipson urges MDEQ to reject updated “ Waters of the State” regulations remains the part of the story worth watching, and further updates are likely as more details are confirmed.