EPA and Army Corps Announce Two Additional Public Hearings on Proposed WOTUS Revisions

What: The U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) announced they will hold two public meetings on the revised definition of “waters of the United States” (WOTUS). The first meeting will be a hybrid event in Pittsburgh, PA, and the second meeting will be virtual.

Why: WOTUS is used as a guide to determine which water bodies the federal government can regulate under the Clean Water Act (CWA). The revised WOTUS definition, issued on November 20, 2025, aims to align the EPA and Corps regulations with the Supreme Court’s 2023 decision in Sackett vs. EPA and to provide clarity on the CWA’s regulatory scope.

Key elements of the proposed rule include:

Defining terms such as “relatively permanent,” “continuous surface connection,” and “tributary.”
Establishing that jurisdictional tributaries must connect to traditional navigable waters either directly or through other features that provide predictable and consistent flow.
Reaffirming that wetlands must be indistinguishable from jurisdictional waters through a continuous surface connection, which means that they must touch a jurisdictional water and hold surface water for a requisite duration year after year.
Preserving and clarifying exclusions for certain ditches, prior converted cropland, and waste treatment systems.
Adding a new exclusion for groundwater.
Incorporating locally familiar terminology, such as “wet season,” to help determine whether a water body qualifies as WOTUS.

Advocacy previously filed comments with the EPA in April when the agency was seeking input on this proposal. Advocacy specifically noted that small businesses “want WOTUS regulations that do not require them to hire attorneys or consultants to understand.”

Action: Review the information below for additional details regarding the upcoming public meetings.

The December 15th public meeting in Pittsburgh, PA, will be held in-person and virtually (hybrid) at 12 PM ET (9:30 AM CT) at the:

William S. Morehead Federal Building – 1000 Liberty Avenue, Pittsburgh, PA 15222

The December 16th public meeting will be virtual only.

Individuals attending both meetings will be allowed to give statements up to three minutes in length.

Comments on the proposed rule are due January 5, 2026.

FEDERAL REGISTER NOTICE / SUBMIT COMMENTS:

Updated Definition of “Waters of the United States”

SACKETT VS. EPA

Official Report of the Supreme Court (PDF)

PREVIOUSLY FILED COMMENTS

Advocacy Calls for Increased Small Business Role in WOTUS Discussion