- Federal agencies finished public listening sessions on a revised WOTUS definition.
- The proposal responds to a Supreme Court decision limiting federal authority.
- Written public comments remain open through January 5, 2026.
Tuesday, December 23, 2025 — Yesterday, the U.S. Environmental Protection Agency
and the U.S. Department of the Army announced the conclusion of a series of public listening sessions on a proposed update to the definition of “waters of the United States,” commonly referred to as WOTUS.
The sessions were intended to give members of the public an opportunity to share concerns and real-world experiences before the agencies finalize the rule. While in-person and virtual meetings have ended, written public comments are still being accepted.
What WOTUS Means in Plain Terms.
The WOTUS definition determines which rivers, streams, wetlands, and other water features fall under federal Clean Water Act protections. This matters because federal jurisdiction can trigger permitting requirements before land development, farming activities, or infrastructure projects move forward.
For landowners and businesses, the definition can influence how much regulation applies to activities near water. For environmental regulators, it helps determine which waters receive federal safeguards.
Why the Rule Is Being Rewritten.
The proposed revision follows the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency, which narrowed the types of waters that can be regulated at the federal level.
Federal officials stated that the WOTUS definition adopted in 2023 did not fully reflect the Court’s guidance. A revised proposal was released on November 17, 2025, with the stated goal of providing clearer boundaries for federal authority while continuing to protect certain waters.
Who Participated in the Sessions.
The listening sessions began on December 12 in Bismarck, North Dakota, continued on December 15 in Pittsburgh, Pennsylvania, and concluded with virtual-only sessions on December 16.
According to the agencies, participants included farmers and ranchers, construction and development interests, energy and mining representatives, manufacturers, state and Tribal officials, municipal stormwater organizations, environmental groups, and individual members of the public.
Federal officials said the feedback highlighted the importance of a rule that is stable, understandable, and practical to apply on the ground.
Written Comments Still Accepted.
Although listening sessions have ended, the public comment period remains open through January 5, 2026 (link at the Federal Register). As of December 22, 2025, more than 13,000 written comments had been submitted.
Written comments allow individuals, organizations, and governments to formally place their views into the regulatory record. The agencies will review those comments before developing a final version of the rule.
What Happens After the Comment Period.
Once the comment period closes, the Environmental Protection Agency and the Department of the Army will evaluate the feedback received. The agencies have stated they intend to move forward with a final rule that reflects Supreme Court precedent and can be implemented consistently nationwide.
No specific date has been announced for when the final rule will be released.
Frequently Asked Questions
What does WOTUS stand for?
WOTUS means “waters of the United States.” It is a legal term used to define which waters are subject to federal Clean Water Act regulation.
Why does the WOTUS definition affect landowners?
The definition can determine whether certain activities require federal permits, which can affect timelines and costs for farming, construction, or land development.
Why was the rule revised in 2025?
The revision follows a Supreme Court decision that limited federal authority over certain waters and wetlands.
Are public meetings still being held?
No. Public listening sessions have ended, but written public comments are still being accepted.
When does the public comment period close?
The comment period closes on January 5, 2026.
