Nationwide Listening Tour Concludes as Agencies Prepare New Clean Water Rule

The EPA and U.S. Army Corps of Engineers gathered cross-sector input to guide a revised “waters of the United States” rule under the Clean Water Act, following the Supreme Court’s Sackett decision.

• By Stasia DeMarco
• Jun 18, 2025

The EPA and the U.S. Department of the Army have concluded a nationwide series of listening sessions to gather public input on how the definition of “waters of the United States” (WOTUS) affects implementation of the Clean Water Act (CWA).

Over nine sessions—including public forums in West Virginia and Utah—the agencies heard from farmers, ranchers, homebuilders, miners, energy producers, manufacturers, Tribes, state and local officials, environmental organizations, and members of the public.

“When it comes to the definition of ‘waters of the United States,’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” said EPA Administrator Lee Zeldin. “These listening sessions gave us real-world perspectives as we work toward a proposed rule that follows the Supreme Court decision in Sackett, ends regulatory uncertainty, supports our nation’s farmers, and advances our Powering the Great American Comeback initiative.”

The definition of WOTUS determines which water bodies fall under federal jurisdiction and whether businesses and landowners must secure costly permits to develop or modify land. Under the Biden administration, a 2023 revised definition drew criticism for failing to reflect the U.S. Supreme Court’s Sackett v. EPA decision. Administrator Zeldin has since prioritized regulatory clarity, directing EPA and the Army Corps to issue guidance aligned with the ruling and begin the rule revision process.

Acting Assistant Secretary of the Army for Civil Works Lee Forsgren underscored the value of community input: “We understand the importance of communication and appreciate the feedback we received as we move forward together with EPA on this important effort.”

According to agency summaries, participants across industries expressed concern over the regulatory inconsistency that has plagued WOTUS for years. Farmers cited confusion over which features—such as ditches, stock ponds, and ephemeral streams—are regulated. Homebuilders and developers shared similar frustrations, calling for a definition that is practical, predictable, and not subject to frequent changes.

While many attendees affirmed the need for environmental protections, there was also strong support for reducing permitting costs and delegating decision-making to states and local governments in line with principles of cooperative federalism. Participants urged the agencies to account for regional hydrologic diversity—from southeastern wetlands to prairie potholes, arid western washes, and Alaskan permafrost.

The EPA and Army Corps plan to publish a new proposed rule in the coming months that reflects input from these sessions. The rule will aim to simplify permitting, reduce costs, and improve legal certainty, while upholding the Clean Water Act’s environmental protections. A final rule is expected by the end of 2025, following a public comment period.

For more information on WOTUS and the Clean Water Act, visit epa.gov/wotus.