Amendments to the 2023 Rule
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision.
The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. Please see the Rule Status and Litigation Update page for information about the status of the January 2023 Rule, as amended by this conforming rule, and litigation. The agencies hosted three public webinars to provide updates on the definition of “waters of the United States” on September 12, 2023 (3pm-4pm Eastern Time), September 13, 2023 (1pm-2pm Eastern Time), and September 20, 2023 (3pm-4pm Eastern Time). Each webinar presented the same information. On November 15 and 16, 2023, the agencies hosted two Tribal and state webinars to provide updates on the definition of "waters of the United States." Both webinars presented the same information. The agencies are also posting a presentation dated September 24, 2024, that provides the most up-to-date information to the public regarding where the amended 2023 rule is operative across the country in light of ongoing litigation. The webinars are posted below.
More information about the final conforming rule is available below.
- Final conforming rule: Revised Definition of "Waters of the United States"; Conforming (pdf)
- Final Conforming Rule Factsheet (pdf)
- Press Release for the Final Conforming Rule
- Read the Regulatory Text Amendments (pdf)
- September 24, 2024 Presentation: Updates on "Waters of the United States" (pdf) [Note: The agencies have rescinded any components of this training that assumed a discrete feature established a continuous surface connection.]
- November 15, 2023 Tribal and State Webinar: Updates for Tribes and States on "Waters of the United States" [Note: The agencies have rescinded any components of this training that assumed a discrete feature established a continuous surface connection. In addition, as of September 23, 2024, the information presented in Slides 3, 8 and 10 of the recording and in Slides 8 and 10 of the presentation is no longer current, as the stay order that was applicable in Kentucky and for certain parties has been lifted. See the Rule Status and Litigation Update webpage for additional information.]
- September 12, 2023 Public Webinar: Updates on the Definition of "Waters of the United States" [Note: As of September 23, 2024, Slide 8 in the recording and presentation is no longer current, as the stay order that was applicable in Kentucky and for certain parties has been lifted. See the Rule Status and Litigation Update webpage for additional information.]
- See the Docket (Docket ID No. EPA-HQ-OW-2023-0346) on Regulations.gov for additional materials.
The agencies are committed to taking actions to improve implementation of the definition of “waters of the United States.” The agencies will continue to provide trainings to Tribes, states, and the public as appropriate to promote clarity and consistency and will continue to post materials and outreach opportunities to EPA’s website.