EPA will again work with the United States Army Corps of Engineers to review the definition of Waters of the United States (WOTUS). EPA’s review will be guided by the Supreme Court’s decision in Sackett v. EPA, which stated that the Clean Water Act’s use of “waters” encompasses only those relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes. The Sackett decision also clarified that wetlands would only be covered when having a continuous surface connection to waterbodies that are “waters of the United States” in their own right. The agency also provided new guidance on how the Clean Water Act will be enforced under this administration. 

EPA has also scheduled a series of stakeholder listening sessions to obtain public input as they seek information on the key challenges impacting businesses and their communities. Interested parties may participate either in-person or virtually on May 1 in the EPA’s WOTUS Listening Session for Agricultural and Industry Stakeholders