Public Outreach and Stakeholder Engagement Activities

On this page:

• Rulemaking Outreach
  • Public Opportunities on the Proposed Rule Updated Definition of "Waters of the United States"
  • Comment on the Proposed Rule 
  • Federalism and Tribal Consultation
• WOTUS Notice: The Final Response to SCOTUS

Rulemaking Outreach

On November 17, 2025, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal, Updated Definition of "Waters of the United States," implements the Supreme Court's decision in Sackett v. EPA. 

Public Opportunities on the Proposed Rule Updated Definition of "Waters of the United States"

The agencies will hold two in-person public meetings, with an option for virtual participation. Additional information about the public meetings, including a link to register to participate or to provide verbal remarks, will be posted to this webpage shortly. Additionally, requests to speak will be taken the day of the meeting at the meeting registration desk for those participating in-person and during the speaker waitlist for those participating virtually. EPA and the Army will make every effort to accommodate all speakers who arrive and register, although preferences on speaking times may not be able to be fulfilled. On the last working day before each meeting, EPA will post a general agenda for the meeting that will list pre-registered speakers in approximate order. The agencies will make every effort to follow the schedule as closely as possible on the day of the public meeting; however, please plan for the meetings to run either ahead of schedule or behind schedule. 

Each commenter will have three minutes to provide oral testimony. EPA and the Army encourage commenters to provide the agencies with a copy of their oral testimony electronically by emailing it to wotus-outreach@epa.gov. EPA and the Army also recommend that those who speak at the public meetings submit the text of their oral comments as written comments to the rulemaking docket EPA-HQ-OW-2025-0322.

Comment on the Proposed Rule

Public comments can be submitted on the proposed rule via Regulations.gov to Docket ID No. EPA-HQ-OW-2025-0322. The 45-day comment period closes on January 5, 2026.

On March 21, 2025, the agencies notified all federally recognized Tribes and State and local governments and their member associations of Tribal and federalism consultation on certain topics related to the implementation of the definition of “waters of the United States.” Additional information about Tribal consultation may also be found at EPA's Tribal Consultation Opportunities Tracking System website.

• Read the Tribal Consultation Report for the Proposed Rule (PDF)
• Read the Federalism Consultation Report for the Proposed Rule (PDF)

WOTUS Notice: The Final Response to SCOTUS

On March 12, 2025, the agencies announced a Federal Register notice publicizing a series of listening sessions and a 30-day recommendations docket to solicit feedback on key aspects of the definition of “waters of the United States.” Nine listening sessions were held either virtually or in-person with a virtual option for States, Tribes, local governments, industry and agricultural stakeholders, environmental and conservation stakeholders, and the general public. The agencies are committed to obtaining targeted input from a full spectrum of co-regulators and stakeholders on key topic areas related to the definition of “waters of the United States” in light of Sackett v. Environmental Protection Agency, regarding “continuous surface connection,” “relatively permanent,” and jurisdictional versus non-jurisdictional ditches. The agencies also sought input on implementation challenges related to those key topic areas. 

• WOTUS Notice: The Final Response to SCOTUS (pdf) (279.29 KB)
• Read written recommendations submitted to Docket ID No. EPA-HQ-OW-2025-0093
• Read the Summary Report of Pre-proposal Listening Sessions (pdf)
• Schedule of listening sessions
  • Listening Session for States: April 29, 2025 from 9:30 a.m. - 12:00 p.m. ET (Virtual and at EPA Headquarters in Washington, D.C.)
  • Listening Session for Tribes: April 30, 2025 from 1:00 - 3:30 p.m. ET (Virtual)
  • Listening Session for Industry and Agricultural Stakeholders: May 1, 2025  from 9:30 a.m. - 12:00 p.m. ET (Virtual and at EPA Headquarters in Washington, D.C.)
  • Listening Session for Environmental and Conservation Stakeholders: May 1, 2025 from 1:00 - 3:30 p.m. ET (Virtual and at EPA Headquarters in Washington, D.C.) 
  • Listening Session for Local Governments: May 6, 3:00 - 5:00 p.m. ET (Virtual)
  • First Listening Session for the Public: May 14, 2:30-6:00 p.m. ET (Virtual and in Charleston, West Virginia)
  • Listening Session for Small Business Stakeholders: May 19, 1:00 - 3:30 p.m. ET (Virtual and at EPA Headquarters in Washington, D.C.)
  • Listening Session for State and Local Governments: May 28, 2:00 - 4:00 p.m. ET
  • Second Listening Session for the Public: May 29, 2:00 - 6:00 p.m. MT (4:00 - 8:00 p.m. ET) (Virtual and in Salt Lake City, Utah)