Waters of the United States

Supreme Court’s Decision in Sackett v. Environmental Protection Agency

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. EPA. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.

Read the decision.

More information about "waters of the United States" can be found here.

EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

The final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023, and took effect on March 20, 2023. However, the final rule is not currently operative in certain states and for certain parties due to litigation. Please visit the Rule Status page for additional information about the status of the rule and litigation.

Read the press release.

More information about the final rule can be found here.

EPA and Army Host 10 Implementation-Focused Roundtables to Highlight Regional Implications of WOTUS

These roundtables allowed stakeholders to engage and discuss their experiences with implementing the definition of "waters of the United States," including challenges and opportunities within their geographic areas.

More information about the Roundtables can be found here.