EPA Concludes Hearings on WOTUS Rule

LINCOLN, Neb. (DTN) -- Public listening sessions on the future of the waters of the U.S. rule have wrapped up and the Trump administration this week said it plans to have the rule completed by the end of the year.

"EPA and Army intend to issue a proposed rule in the coming months that will prioritize clear interpretation and implementation of the law, reducing red-tape, cutting overall permitting costs and lowering the cost of doing business in communities across the country while protecting the nation's waters from pollution," the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers said this week in a news release.

Throughout the sessions, there was a clear divide between what agriculture and industry groups and environmental groups are seeking in WOTUS, as ag reps said they wanted clearer definitions while environmental groups asked for no changes to the rule.

The continued back and forth of definitions and re-definitions from administration to administration in the past 20 years has led to what currently is a patchwork of differing versions of the WOTUS definition from state to state because of a series of legal cases.

The 2023 rule written by the Biden administration continues to be in effect in Washington, Oregon, California, Nevada, Arizona, New Mexico, Colorado, Minnesota, Wisconsin, Illinois, Michigan, Kentucky, North Carolina, Maine, Vermont, New York, Pennsylvania, Connecticut, Massachusetts, New Jersey, Maryland, Hawaii and Delaware. The pre-2015 rule remains in effect in the other 27 states.

"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," EPA Administrator Lee Zeldin said in a statement this week.

"These listening sessions gave us real-world perspectives as we work toward a proposed rule that follows the Supreme Court decision in Sackett, ends the regulatory uncertainty and ping-pong that has persisted for years, supports our nation's farmers who feed and fuel the world and advances the agency's 'Powering the Great American Comeback' initiative."

The Supreme Court in Sackett v EPA ruled the so-called "significant-nexus" test in the WOTUS rule was invalid. The Trump administration and agriculture and other industry groups contend that the Biden EPA did not conform to the Sackett ruling in changes the agency made to WOTUS in an amended rule.

The agencies held nine listening sessions including two public sessions in West Virginia and Utah and said in the news release that they "heard from people who are frustrated with the constantly shifting" WOTUS definition.

Acting Assistant Secretary of the Army for Civil Works Lee Forsgren said in a statement the feedback from the listening sessions and other public comments was "critical to how we undertake our statutory responsibilities."

Read more on DTN:

"Aggies, Enviros Divided on WOTUS Rule," https://www.dtnpf.com/…

"Clear WOTUS Needed After Sackett Case," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

Follow him on social media platform X @DTNeeley

(c) Copyright 2025 DTN, LLC. All rights reserved.