Waters of the United States

EPA and Army Announce Guidance and a "WOTUS Notice: The Final Response to SCOTUS"

On March 12, 2025, the U.S. Environmental Protection Agency and Department of the Army announced a joint memorandum issuing guidance to field staff on implementation of “continuous surface connection” consistent with the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. The agencies also 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.”

Read the joint guidance on continuous surface connection (pdf).

Read the Federal Register notice (pdf).

Read the press release.

Submit a written recommendation.

EPA and the Army Issue Final Rule to Amend 2023 Rule

On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a final rule that amends the "Revised Definition of 'Waters of the United States'" to conform key aspects of the regulatory text to the U.S. Supreme Court's May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. 

Read the press release. 

More information about the final conforming rule can be found here.

Read the decision.