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I photographed these two flies one day apart and about 200 meters apart. I am wondering if they are two flies in Ephydridae?

This first fly measured 3.0 mm from the front of the eyes to the rear of the wings. It was around a Sugar Maple tree that was "weeping" sap. The date was yesterday, 6 November. In woodland, West Virginia USA. On this fly I cannot see the arista well in the photo.

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Here is the second fly, this one photographed in a wetland (a pond that has mostly filled in with soil over the years).

Length 4.9 mm from the front of the eyes to the rear of the wings. The artista is plumose on the upper side only. Date 5 November 2006. West Virginia USA.

Are both flies Ephydridae?

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Hi Stephen.
The second one looks for me as cosmopolitan Palearctic-Nearctice Ephydridae - Notiphila (Dichaeta) caudata.
Nikita

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First one is probably Discocerinini - they are regularly found on tree trunks. The second is as Nikita says, a species of Dichaeta - probably caudata, but there are another two species of Dichaeta in North America, so I withhold final pronouncement until I have the relevant key in front of me!

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Nikita, Tony, thanks for letting me know about these.

I had a great time the last two days with flies on the Sugar Maple, and March Flies swarming. It will be interesting to see how much longer I am able to find flies outdoors with any regularity. Since I am near the mountains the winters are pretty cold, though perhaps not as cold as where you are, Nikita!:o

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Stephen, do not provoke the God!
Virginia is on latitude of South Mediterranean!
You can regard flies all year long!
Nikita

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The Notiphila (Dichaeta) appears to have a clouded posterior cross-vein, so I believe it is caudata, which is the expected species in the East.