Washington Waves

(December 31, 2025)

IWUB Update

Since launching its effort months ago to name new members to the Inland Waters Users Board (IWUB), the Department of the Army has published its third request seeking nominations to serve on the 11-member board, which provides independent advice and recommendations to the secretary of the Army and Congress.

All nominations must be received no later than January 9 for the term that begins May 29.

According the Army’s notice in the December 23 Federal Register, previous nominations received in response to the requests published in May and July will be retained for consideration.

According the U.S. Army Corps of Engineers, 12 applications have been received from those two requests.

“We are committed to giving the American people an opportunity to provide suggestions for how the nation’s waterway system is funded, maintained and modernized,” Assistant Secretary of the Army for Civil Works Adam Telle said. “This administration is bringing fresh perspective to ensuring these critical capabilities are delivered more efficiently and in a way that balances the interests of as many stakeholders as possible.”

For additional information, contact Paul Clouse at 202-768-3157 or Paul.D.Clouse@usace.army.mil, Steven Riley at 703-659-3097 or Steven.D.Riley@usace.army.mil or the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR–GW, 7701 Telegraph Road, Casey Building, Alexandria, VA 22315-3868.

Representation on the Inland Waterways Users Board should include at least one representative of each of the following: Upper Mississippi River, Lower Mississippi River, Ohio River, Gulf Intracoastal Waterway-West, Gulf Intracoastal Waterway-East, and the Columbia-Snake River System. Board members are appointed to a two-year term.

For additional information about the IWUB, visit the website at www.iwr.usace.army.mil/Missions/Navigation/Inland-Waterways-Users-Board.

EPA, Army Listening Sessions

The Environmental Protection Agency (EPA) and the Department of the Army announced they have completed a series of listening sessions with the public on efforts to revise the definition of “Waters of the United States” (WOTUS).

The agencies said written comments will continue to be accepted through January 5.

“EPA is committed to finalizing a definition of ‘waters of the United States’ that fully implements the Supreme Court’s decision in Sackett, accelerates economic prosperity and protects water quality in partnership with our state co-regulators,” EPA Assistant Administrator for Water Jess Kramer said. “What we heard countless times in these listening sessions is that a durable rule is top-of-mind for our stakeholders.”

Assistant Secretary of the Army for Civil Works Adam Telle said the proposed rule will replace regulatory confusion with the clarity and straightforward implementation needed to unleash the nation’s economy.

The public listening sessions kicked off on December 12 in Bismarck, N.D., continued on December 15 in Pittsburgh, Pa., and concluded with virtual-only sessions on December 16.

Permitting Reform

Two key Democratic senators declared permitting reform “dead in the water” after the Trump administration stopped five offshore wind farms that were under construction.

In their statement, Sen. Sheldon Whitehouse (D-R.I.) and Sen. Martin Heinrich (D-NM) also warned the administration’s action would add to the growing number of solar and wind energy projects waiting for approval and prevent the delivery of affordable and reliable energy to millions of Americans.

They also thanked Republican senators for their “good faith” efforts to negotiate a permitting reform bill that would have lowered costs.

“There was a deal to be had that would have taken politics out of permitting, made the process faster and more efficient and streamlined grid infrastructure improvements nationwide,” Whitehouse and Heinrich stated. “But any deal would have to be administered by the Trump administration. Its reckless and vindictive assault on wind energy doesn’t just undermine one of our cheapest, cleanest power sources. It wrecks the trust needed with the executive branch for bipartisan permitting reform.”

Whitehouse serves as ranking member of the Environment and Public Works Committee while Heinrich holds that position on the Energy and Natural Resources Committee.

Lunday Confirmed

The Senate confirmed by voice vote the nomination of Adm. Kevin Lunday to serve as the commandant of the Coast Guard.

Lunday has served as acting commandant for most of 2025.

Sen. Maria Cantwell (D-Wash.), the ranking member of the Senate Commerce, Science and Transportation Committee, said the Senate’s confirmation of Lunday “comes with a clear expectation that he will uphold a zero-tolerance policy for hate symbols and ensure the Coast Guard is safe for every member who serves.”

“I expect the commandant to uphold the same zero-tolerance policy for sexual assault and harassment,” Cantwell said, citing reforms included in the law reauthorizing the Coast Guard.

FMC Final Rule

The Federal Maritime Commission (FMC) announced a final rule that removes from the Code of Federal Regulations one section (46 CFR 541.4) of a rule published on February 26, 2024, titled ‘‘Demurrage and Detention Billing Requirements.”

Effective December 29, FMC’s action follows a decision by the U.S. Court of Appeals for the District of Columbia Circuit that set aside the properly issued invoices provision of the rule.

That 2024 rule had established requirements for common carriers and marine terminal operators to include specific minimum information on demurrage and detention invoices, outlined certain detention and demurrage billing practices such as determination of which parties may appropriately be billed for demurrage or detention charges and set timeframes for issuing invoices, disputing charges with the billing party and resolving such disputes.

In April 2024, the World Shipping Council, a trade association representing the largest vessel-operating common carriers globally, filed a petition for review by the appeals court challenging the rule as arbitrary and capricious under the Administrative Procedure Act.

On September 23, the court held that 46 CFR 541.4 is arbitrary and capricious and set it aside.

In its notice published December 29 in the Federal Register, the FMC stated the other provisions of the rule remain in effect.

For additional information, contact David Eng at 202-523-5725 or secretary@fmc.gov.