On March 12, U.S. Environmental Protection Agency Administrator Lee Zeldin announced the agency will be working with the U.S. Army Corps of Engineers to revise the definition of “waters of the United States” subject to Clean Water Act regulation and permitting.

Administrator Zeldin stated that the purpose of the review will be to ensure clear and consistent rules for the regulated community and bring the EPA into full compliance with the U.S. Supreme Court’s holding in Sackett v. Environmental Protection Agency, while continuing to protect America’s navigable waters from pollution.

The EPA and USACE also issued a new guidance document reversing aspects of the Biden administration’s approach to CWA enforcement. The guidance directs field offices to more closely comply with Sackett’s direction that adjacent wetlands subject to CWA jurisdiction must have a continuous surface connection to traditional navigable waters, to the extent that it is difficult to determine where the water ends and the wetland begins.

ABC issued a statement applauding President Donald Trump and Administrator Zeldin for taking swift action to address WOTUS and provide important clarifications for contractors.

As the first step in the regulatory process, the EPA and USACE released a Federal Register notice, WOTUS Notice, The Final Response to SCOTUS. The notice requests recommendations on how the agencies can best improve WOTUS and CWA enforcement through future guidance and rulemaking efforts.

Comments on this notice are due 30 days after it is published in the Federal Register. ABC plans to submit comments.

The EPA and USACE also plan to schedule a number of in-person and virtual listening sessions for stakeholders to provide feedback. Information on these sessions will soon be available on the EPA’s website.