Washington, June 17, 2025 – The U.S. Environmental Protection Agency (USEPA) and U.S. Department of the Army (USACE) have concluded a comprehensive series of listening sessions to gather input from stakeholders on real-world experience with Clean Water Act programs, gaining insights from farmers, contractors, miners, manufacturers, states, tribes, elected officials, and the public.
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The U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (USACE) have concluded a series of listening sessions to gather feedback on the definition of "waters of the United States" (WOTUS) under the Clean Water Act (CWA). These sessions aimed to collect real-world experiences from various stakeholders, including farmers, ranchers, homebuilders, manufacturers, states, and environmental groups.
EPA Administrator Lee Zeldin emphasized the agency's goal to protect water resources while establishing clear and practical WOTUS rules that foster economic growth, align with the Supreme Court's Sackett decision, and end years of regulatory uncertainty. The previous Biden Administration's 2023 WOTUS definition was deemed not to follow the Sackett ruling, leading to the current efforts under Administrator Zeldin to revise it.
Acting Assistant Secretary of the Army for Civil Works Lee Forsgren highlighted the U.S. Army Corps of Engineers' role in CWA implementation and the importance of stakeholder input.
Across nine sessions, including two public meetings, participants expressed frustration with the inconsistent WOTUS definition. Many supported revising the 2023 definition to provide consistency for regulated communities, particularly regarding agricultural lands and the impact on industries like homebuilding. While supporting federal environmental protections, many also sought regulatory predictability for infrastructure projects and emphasized cooperative federalism, urging more decision-making authority for states and local entities. The need to consider regional hydrologic diversity was also a key point.
The EPA and USACE plan to propose a new rule in the coming months, focusing on clear interpretation, reduced red tape, lower permitting costs, and decreased business expenses, all while safeguarding water quality. They aim to issue a final rule by the end of 2025 after a period of public comment.