2023 Rule “Revised Definition of ‘Waters of the United States’” Training Presentations

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. Read more about the conforming rule.

The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," became effective on September 8, 2023 upon publication in the Federal Register. Where the January 2023 Rule is not enjoined, the agencies are implementing the January 2023 Rule, as amended by the conforming rule. Please see the Rule Status and Litigation Update page for information about the status of the January 2023 Rule, as amended, and litigation.

Certain aspects presented in the January 2023 Rule trainings listed below may no longer be applicable for implementing the definition of “waters of the United States” in the January 2023 Rule, as amended by the conforming rule. The agencies are in the process of developing outreach and training materials on the conforming rule and on implementing the January 2023 Rule, as amended. First, the agencies hosted three public webinars to provide updates on the definition of “waters of the United States” on September 12, 13, and 20, 2023. 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," with both webinars presenting the same information. A recording of the Tribal and state webinar and a recording of the public webinar are provided below. 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 final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023 and the rule took effect on March 20, 2023. The January 2023 Rule is amended by the conforming rule issued on August 29, 2023. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. In addition, the January 2023 Rule, as amended, is not currently operative in certain states due to litigation on the January 2023 Rule. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. Read more about the January 2023 Rule.

To ensure consistent and effective implementation of the January 2023 Rule, EPA and the Department of the Army developed a series of trainings, implementation memoranda, and other resources. The agencies hosted a public final rule overview webinar on January 19, 2023 (the recording and presentation are available at the below links). In addition, in March and April 2023, the agencies hosted a series of trainings for Tribes and states on the January 2023 Rule. The agencies recorded the presentations and posted them below. Note that in light of the Court's interpretation of the Clean Water Act in the Sackett decision, some of the information presented in the below trainings is no longer applicable.

Waters of the United States

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Last updated on September 25, 2024