EPA And Army Wrap Up Public Listening Sessions On Proposed Definition Of WOTUS

U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (Army) have completed a series of listening sessions to hear input from the public on the agencies’ revised definition of “waters of the United States,” or WOTUS. Public input is essential to the rulemaking process and these sessions provided an important opportunity for the agencies to hear directly from a variety of stakeholders. It is clear that a durable definition of WOTUS is a priority that will protect water quality and help advance the agency’s Powering the Great American Comeback initiative.

“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. Incorporating public feedback on our proposal is critical to achieving these goals,” said EPA Assistant Administrator for Water Jess Kramer. “What we heard countless times in these listening sessions is that a durable rule is top-of-mind for our stakeholders. We look forward to delivering a final rule that will stand the test of time and protect water quality while supporting American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners.”

“Under President Trump's leadership, this rule will replace regulatory confusion with the clarity and straightforward implementation needed to unleash our nation's economy. This action will also ensure that our nation’s landowners, vital services and infrastructure are no longer bogged down in a swamp of federal regulations,” said Adam Telle, Assistant Secretary of the Army (Civil Works). “I’m proud that Army Civil Works is poised to swiftly implement a final rule that will enable Americans to cut through red tape and thrive.”

The public listening sessions kicked off on December 12 in Bismark, North Dakota. with a session hosted by U.S. Sen. Kevin Cramer. The series of listening sessions continued in Pittsburgh, Pennsylvania, on December 15 and concluded with virtual-only sessions on December 16. The agencies heard valuable on-the-ground perspectives from farmers and ranchers, builders and construction contractors, miners and energy producers, manufacturers, states, Tribes, municipal stormwater coalitions, environmental advocacy groups and the general public.

The agencies will continue to accept written comments on the proposed rule through January 5, 2026.

The definition of WOTUS guides implementation of certain Clean Water Act programs, including whether farmers, landowners and businesses must secure costly permits before they can pursue a project. Under the Biden Administration, EPA and the Army’s amended 2023 definition of WOTUS was overly broad, failing to fully implement the Supreme Court’s decision in Sackett v. Environmental Protection Agency. On November 17, 2025 the agencies proposed a revised definition of WOTUS that would follow the Supreme Court’s clear direction in Sackett v. EPA and eliminate red tape, cut permitting costs, and lower the cost of doing business in communities across the country – all while maintaining key protections for the nation’s waters.

Following the comment period, EPA and the Army will consider comments received while working to expeditiously develop a final rule that will prioritize a clear interpretation and accurate implementation of the law.

Please see additional information on Waters of the United States.