EPA Administrator Lee Zeldin announced on Wednesday the agency will undertake 31 historic actions “to advance President Trump’s day one executive orders and power the great American comeback.”
Among the announcements, Zeldin said EPA will work with the United States Army Corps of Engineers to deliver on President Donald Trump’s promise to review the definition of Waters of the United States (WOTUS).
“The agencies will move quickly to ensure that a revised definition follows the law, reduces red tape, cuts overall permitting costs, and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution,” Zeldin said in a prepared statement.
“Given the U.S. Supreme Court’s watershed decision in Sackett v. Environmental Protection Agency, it is time for EPA to finally address this issue once and for all in a way that provides American farmers, landowners, businesses, and states with clear and simplified direction,” he added.
Zeldin’s announcement was an important step forward in correcting what the Supreme Court had ruled in 2023 as EPA’s overreach in defining WOTUS. At the time, the agency had charged ahead ignoring concerns raised by the Supreme Court, 26 states, and farmers and ranchers across the country, according to American Farm Bureau Federation (AFBF) President Zippy Duvall.
“The Supreme Court clearly ruled, almost two years ago, that the government overreached in its interpretation of what waters fell under federal jurisdiction, but inaction and vague implementation guidelines by EPA led to permitting delays, litigation and uncertainty,” Duvall said in a prepared statement on Wednesday.
Listening Sessions Are Being Scheduled By EPA
Mary-Thomas Hart, chief counsel for the National Cattlemen’s Beef Association (NCBA), told AgriTalk Host Chip Flory on Thursday the Supreme Court had ruled EPA’s overreach on WOTUS in 2023 amounted to a violation of a landowners’ constitutional rights.
“Because there are criminal liabilities that attach to violation of the Clean Water Act, a landowner has to be able to know when they look at their land or when they look at a water feature, what is or isn’t WOTUS,” Hart said.
A priority for the Trump Administration moving forward will be working cooperatively with state partners, empowering them and local officials to protect water bodies while accelerating economic opportunity. As a result, “decisions will be made efficiently and effectively while benefiting from local knowledge and expertise,” EPA’s Zeldin said.
To inform those decisions, EPA has issued a request for information from stakeholders about how they’re impacted by WOTUS and will host a series of listening sessions from late March through April 2025, according to information on the agency’s website.
EPA will hold at least six listening sessions, with two open to all stakeholders, one open to States, one open to Tribes, one open to industry and agricultural stakeholders, and one open to environmental and conservational stakeholders.
The agency said registration instructions and dates will be forthcoming at the following website: https://www.epa.gov/wotus/public-outreach-and-stakeholder-engagement-activities.
Persons or organizations wishing to provide verbal recommendations during the listening sessions will be selected on a first-come, first-serve basis. Due to the expected number of participants, EPA said individuals will be asked to limit their spoken presentation to three minutes. Once the speaking slots are filled, participants may be placed on a standby list to speak or continue to register to listen to the recommendations.
Listen to the AgriTalk discussion on WOTUS with NCBA’s Mary-Thomas Hart here:
