EPA will revisit WOTUS with stakeholder listening sessions

The Environmental Protection Agency is set to launch a series of five listening sessions next week to gather public input on the definition of “waters of the United States,” or WOTUS, following the Supreme Court’s 2023 ruling that narrowed the agency’s regulatory authority. Beginning April 29, the sessions are designed to collect targeted feedback from a range of stakeholders.

The agency is seeking input on key issues raised by the ruling, including the definitions of “continuous surface connection” and “relatively permanent” waters, as well as how to distinguish between jurisdictional and non-jurisdictional ditches.

On March 12, 2025, the agencies announced a Federal Register notice publicizing a series of six listening sessions and a 30-day recommendations docket to solicit feedback on key aspects of the definition of “waters of the United States.” The six listening sessions will be held in-person with a virtual option for States, Tribes, industry and agricultural stakeholders, environmental and conservation stakeholders, and the general public.

Here are the upcoming sessions:

On August 29, 2023, the Environmental Protection Agency and the Department of the Army finalized a rule revising the definition of WOTUS to align with the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency. The ruling, issued in May 2023, limited the scope of federal oversight under the Clean Water Act, striking down portions of the agencies’ earlier January 2023 rule.

In response, the agencies amended key sections of the regulatory language to meet the Court’s interpretation, ensuring the rule complies with the legal standards outlined in the Sackett decision. The updated rule, known as the “Revised Definition of ‘Waters of the United States’; Conforming,” was published in the Federal Register and took effect on September 8, 2023.