EPA and Army Corps Issue New Waters of the United States Guidance, Plan Public Hearings
What: On March 12, 2025, the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) issued new guidance on how to determine what areas can be regulated by the federal government as “waters of the United States” (WOTUS). The agency also signaled a series of public listening sessions beginning in late March to solicit input on the proper range of Clean Water Act (CWA) jurisdiction.
Why: EPA is in the process of reviewing multiple environmental regulations, including the WOTUS definition. The guidance is the first step in this process and aims to bring both the EPA and Corps jurisdictional decisions in line with the Supreme Court’s 2023 decision in Sackett v. EPA. Specifically, the guidance states that for a wetland to be regulated under the CWA, it must “have a continuous surface connection” to “traditional navigable waters, or a relatively permanent body of water connected to a traditional navigable water.”
The agencies are also seeking public input on the following areas:
- The scope of “relatively permanent” waters and to what features this phrase applies.
- The scope of “continuous surface connection” and to which features this phrase applies.
- The scope of jurisdictional ditches.
Action: The guidance is effective immediately. Dates, times, and registration information for the listening sessions as well as the public comment deadline will be announced in a forthcoming Federal Register notice.
SUPPORTING DOCUMENTS:
Supreme Court’s 2023 decision in Sackett v. EPA (PDF, 467 KB)
EPA Launches Biggest Deregulatory Action in U.S. History
FEDERAL REGISTER NOTICE:
WOTUS Notice: The Final Response to SCOTUS; Establishment of a Public Docket; Request for Recommendations (PDF, 351KB)
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
TOPIC(S): Regulatory Alerts