EPA, Army conclude public listening sessions on revised WOTUS definition

The U.S. Environmental Protection Agency and the U.S. Department of the Army have completed a series of public listening sessions focused on the agencies’ proposed revised definition of “waters of the United States” (WOTUS) under the Clean Water Act.

The sessions were designed to gather stakeholder input as EPA and the Army work toward a final rule that aligns with the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency. According to the agencies, participants included farmers, ranchers, construction contractors, manufacturers, energy producers, municipal stormwater organizations, environmental groups, and representatives from states and Tribes.

“EPA is committed to finalizing a definition of ‘waters of the United States’ that fully implements the Supreme Court's decision in Sackett, accelerates economic prosperity, and protects water quality in partnership with our state co-regulators,” said EPA Assistant Administrator for Water Jess Kramer in a press release. “What we heard countless times in these listening sessions is that a durable rule is top-of-mind for our stakeholders.”

Adam Telle, assistant secretary of the Army for Civil Works, said the revised rule is intended to reduce regulatory uncertainty. “This rule will replace regulatory confusion with the clarity and straightforward implementation needed to unleash our nation's economy,” Telle said.

The listening sessions began Dec. 12 in Bismarck, North Dakota, continued Dec. 15 in Pittsburgh, Pennsylvania, and concluded with virtual sessions on Dec. 16. Written public comments on the proposed rule will be accepted through Jan. 5, 2026.

EPA and the Army will review feedback before moving forward with a final WOTUS rule, which guides permitting requirements for activities that may impact federally regulated waters.