2023 Rule “Revised Definition of ‘Waters of the United States’” Training Presentations
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. Read more about the conforming rule.
The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," became effective on September 8, 2023 upon publication in the Federal Register. Where the January 2023 Rule is not enjoined, the agencies are implementing the January 2023 Rule, as amended by the conforming rule. Please see the Rule Status and Litigation Update page for information about the status of the January 2023 Rule, as amended, and litigation.
Certain aspects presented in the January 2023 Rule trainings listed below may no longer be applicable for implementing the definition of “waters of the United States” in the January 2023 Rule, as amended by the conforming rule. In addition, the agencies have rescinded any components of training materials that assumed a discrete feature established a continuous surface connection. The agencies hosted three public webinars to provide updates on the definition of “waters of the United States” on September 12, 13, and 20, 2023. Each webinar presented the same information. On November 15 and 16, 2023, the agencies hosted two Tribal and state webinars to provide updates on the definition of "waters of the United States," with both webinars presenting the same information. A recording of the Tribal and state webinar and a recording of the public webinar are provided below. The agencies are also posting a presentation dated September 24, 2024, that provides the most up-to-date information to the public regarding where the amended 2023 rule is operative across the country in light of ongoing litigation.
- September 24, 2024 Presentation: Updates on "Waters of the United States" (pdf) [Note: The agencies have rescinded any components of this training that assumed a discrete feature established a continuous surface connection.]
- November 15, 2023 Tribal and State Webinar: Updates for Tribes and States on "Waters of the United States" [Note: The agencies have rescinded any components of this training that assumed a discrete feature established a continuous surface connection. In addition, as of September 23, 2024, the information presented in Slides 3, 8 and 10 of the recording and in Slides 8 and 10 of the presentation is no longer current, as the stay order that was applicable in Kentucky and for certain parties has been lifted. See the Rule Status and Litigation Update webpage for additional information.]
- September 12, 2023 Public Webinar: Updates on the Definition of "Waters of the United States" [Note: As of September 23, 2024, Slide 8 in the recording and presentation is no longer current, as the stay order that was applicable in Kentucky and for certain parties has been lifted. See the Rule Status and Litigation Update webpage for additional information.]
The final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023 and the rule took effect on March 20, 2023. The January 2023 Rule is amended by the conforming rule issued on August 29, 2023. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. In addition, the January 2023 Rule, as amended, is not currently operative in certain states due to litigation on the January 2023 Rule. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. Read more about the January 2023 Rule.
To ensure consistent and effective implementation of the January 2023 Rule, EPA and the Department of the Army developed a series of trainings, implementation memoranda, and other resources. The agencies hosted a public final rule overview webinar on January 19, 2023 (the recording and presentation are available at the below links). In addition, in March and April 2023, the agencies hosted a series of trainings for Tribes and states on the January 2023 Rule. The agencies recorded the presentations and posted them below. Note that in light of the Court's interpretation of the Clean Water Act in the Sackett decision, some of the information presented in the below trainings is no longer applicable. In addition, the agencies have rescinded any components of the below training materials that assumed a discrete feature established a continuous surface connection.
- Public Webinar on the January 2023 Rule
- Tribal and State Trainings on the January 2023 Rule
- Webinar 1: Overview Webinar
- Webinar 2: Relatively Permanent Standard Webinar
- Webinar 3: Significant Nexus Standard Webinar [Note that the Supreme Court in Sackett concluded that the significant nexus standard is inconsistent with the Clean Water Act. Therefore, the material presented in this webinar is no longer applicable. This webinar is provided for informational purposes only.]
- Webinar 4: Exclusions and Other Topics