President Trump Nominates Adam Telle as Assistant Secretary of the Army for Civil Works

On March 24, President Donald J. Trump has nominated Adam Telle to serve as Assistant Secretary of the Army for Civil Works (ASA(CW)), a critical civilian leadership position overseeing the U.S. Army Corps of Engineers’ Civil Works program.

The ASA(CW) is responsible for directing policy and providing oversight of the Corps’ civil works missions, including navigation, flood and storm damage reduction, aquatic ecosystem restoration, hydropower, water supply, regulatory programs, and recreation. The position plays a vital role in shaping national water resources infrastructure and ensuring collaboration between the Army, Congress, federal agencies, and state and local stakeholders.

Adam Telle brings deep experience in congressional affairs and public service. He currently serves as Chief of Staff to Senator Bill Hagerty (R-TN), and previously led the Senate affairs team within the White House Office of Legislative Affairs during Trump’s first term. Earlier in his career, Telle served in senior roles for Senators Richard Shelby and Thad Cochran. A native of Alabama, he is a graduate of Mississippi State University with degrees in Computer Science and Communication.

Telle’s nomination now goes to the U.S. Senate for consideration. The confirmation process typically includes committee hearings followed by a full Senate vote. While timing can vary, historical precedent offers some guidance: Michael Connor, nominated by President Biden, was confirmed about seven months after his nomination in 2021. R.D. James, nominated during Trump’s first term, was confirmed approximately four months after his nomination in 2017.

If confirmed, Telle would assume a pivotal role in advancing the administration’s infrastructure priorities and ensuring the continued development, restoration, and resilience of the nation’s water resources.

EPA AND USACE March 2025 WATERS OF THE U.S Proposed Rule – Key Terms and Request for Public Comment

On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published a notice in the Federal Register announcing their intent to revise the definition of “waters of the United States” (WOTUS) in response to the U.S. Supreme Court’s 2023 decision in Sackett v. EPA. The agencies are not issuing a new rule at this time but are seeking public comment on how to interpret and implement key terms from the Sackett decision. The public comment period is open until April 23, 2025, and includes six listening sessions in April and May 2025.

The notice focuses on three key topics: “relatively permanent” waters, “continuous surface connection” for wetlands, and ditches. Below is the summary of each topic, with the agencies’ provided background followed by the specific questions they are asking stakeholders to address.

“Relatively Permanent” Standard: The agencies state that under Sackett, only relatively permanent, standing or continuously flowing bodies of water — such as streams, oceans, rivers, and lakes — may be considered jurisdictional. The current rule includes this “relatively permanent” standard, but the notice acknowledges that “the contours of this standard are not well defined.” The agencies note that the Court did not elaborate on how permanent or how continuous a water must be to qualify.

  • What types of water features should be considered “relatively permanent” waters (e.g., streams, rivers, wetlands)?
  • How should agencies assess duration, frequency, and flow to determine whether a waterbody meets this standard?
  • What specific suggestions or recommendations do commenters have for USACE and EPA to interpret this standard in the field?

“Continuous Surface Connection” Between Wetlands and Jurisdictional Waters: In Sackett, the Supreme Court held that adjacent wetlands are only jurisdictional if they have a continuous surface connection to a relatively permanent waterbody. The agencies explain that this standard is now being used to determine the jurisdictional status of wetlands. They note challenges with determining how temporary interruptions or human-made barriers (such as roads or levees) may affect whether a surface connection is “continuous.” 

  • How should agencies determine or define whether a wetland has a continuous surface connection, including abutting, to a jurisdictional water?
  • What should the scope of “connection to” as well as what features this phrase applies, to describe wetlands as adjacent to relatively permanent waters when they have a continuous surface connection to those waters?
  • Are there particular types of features or separations  (e.g., berms, roads, levees) that should or should not qualify as a continuous surface connection?
  • How should temporary or seasonal flows (e.g., during rain events) factor into the analysis, including “temporary interruptions in surface connection may sometimes occur because of phenomena like low tides or dry spells.”
  • What specific recommendations do commenters have for applying this standard?

Ditches: The agencies note that prior WOTUS rulemakings have addressed ditches in various ways — including distinguishing between ditches constructed in jurisdictional waters or conveying relatively permanent flow. In light of Sackett, the agencies are seeking comment on the status of ditches under the relatively permanent standard.

  • Under what circumstances, if any, should ditches be considered jurisdictional?
  • How should agencies evaluate ditches that carry water only intermittently, excavation in aquatic resources vs uplands, type or use of the ditch (e.g. irrigation and drainage) and/or biological indicators like presence of fish.
  • Whether the definition of a ditch from a 2020 Notice of Proposed Rulemaking (defined ditch to mean a constructed or excavated channel used to convey water) provides more clarity.
  • What specific suggestions or recommendations do commenters have for interpreting and implementing the jurisdictional status of ditches in the field?

The agencies also issued a memorandum providing implementation guidance for field staff on applying the “continuous surface connection” standard established by the Court. According to the memorandum, “the Supreme Court in Sackett provided a clear two-part test for determining CWA jurisdiction over adjacent wetlands. First, the adjacent body of water must be a “water of the United States,” which generally means traditional navigable waters, or a relatively permanent body of water connected to a traditional navigable water. Second, the wetland, assuming it satisfies the agencies’ longstanding regulatory definition of “wetlands” at 33 C.F.R. 328.3 and 40 C.F.R. 120.2, must have a continuous surface connection to a requisite covered water making it difficult to determine where the water ends and wetland begins. The Sackett Court recognized that there may be some instances where that line drawing problem is difficult, such as during periods of drought or low tide or in those instances where there may be temporary interruptions in surface connection. The agencies will work to resolve these scenarios on a case-by-case basis and provide further clarity when appropriate to guide future implementation.”

NWC has submitted comments on previous WOTUS rulemakings and is reviewing the current proposal. NWC anticipates submitting comments on this iteration as well. If you would like to be included in a working group on NWC comments, let Julie Ufner (julie@waterways.org) know.

More information, including the full text of the proposed rule and details on the listening sessions, is available on EPA’s WOTUS webpage.