EPA and Army Corps of Engineers to Host WOTUS Listening Sessions

April 17, 2025

The EPA and the Department of the Army intend to engage with State and Tribal co-regulators; industry and agricultural stakeholders; environmental and conservation stakeholders; and the public on certain key topics related to the implementation of the definition of “waters of the United States” in light of the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. 

The agencies are committed to learning from the past regulatory approaches—the pre-2015 regulations and guidance, the 2015 Clean Water Rule, the 2020 Navigable Waters Protection Rule, the 2023 Rule, and the Amended 2023 Rule—while engaging with stakeholders before taking further administrative action to provide any additional clarification to agency staff, co-regulators, and the public on specific aspects of the definition of “waters of the United States.”

Listening Session Dates

• Listening Session for States: April 29, 2025, from 9:30 a.m. – 12:00 p.m. ET (Virtual and at EPA Headquarters in Washington, D.C.)
• Listening Session for Tribes: April 30, 2025, from 1:00 – 3:30 p.m. ET (Virtual)
• Listening Session for Industry and Agricultural Stakeholders: May 1, 2025, from 9:30 a.m. – 12:00 p.m. ET (Virtual and at EPA Headquarters in Washington, D.C.)
• Listening Session for Environmental and Conservation Stakeholders: May 1, 2025, from 1:00 – 3:30 p.m. ET (Virtual and at EPA Headquarters in Washington, D.C.)
• Listening Sessions for the Public and Local Governments: To be Announced

The agencies are seeking input on:

• The scope of “relatively permanent” waters and to what features this phrase applies.
• Whether certain characteristics, such as flow regime, flow duration, or seasonality should inform a definition of “relatively permanent” as well as to which features this phrase should apply to in light of Sackett and in consideration of the agencies’ objectives described in the FR notice.
• How to identify “relatively permanent” tributaries in the field to assist with transparent, efficient, and predictable implementation.
• The scope of “continuous surface connection” and to which features this phrase applies.

The agencies are also accepting written recommendations from members of the public via a recommendations docket. Written recommendations must be received on or before April 23, 2025.

Source: MSGA