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. A link to the webinar is 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)
- November 15, 2023 Tribal and State Webinar: Updates for Tribes and States on "Waters of the United States"
- September 12, 2023 Public Webinar: Updates on the Definition of "Waters of the United States"
- 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.