On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key term in the Clean Water Act (CWA). That phrase, which serves as the definition for “navigable waters” in the statute, effectively establishes the boundaries of the Agencies’ regulatory authority under the CWA.[1] The rule was published in the Federal Register on January 18, 2023, and will take effect 60 days thereafter.[2]
New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation
Topics: Litigation, Environmental Protection Agency, Environmental Policy, Environmental Law, WOTUS
Recent Federal Court Decision May Expedite Next Round of WOTUS Rulemaking
The regulatory definition of "waters of the United States" (WOTUS), a key term in the Clean Water Act (CWA) establishing the scope of federal jurisdiction, once again is changing. The most recent definition, promulgated in the Navigable Waters Protection Rule (NWPR) (2020), eliminated the coverage of many water bodies. Following the June 9, 2021 joint announcement (previously discussed on this blog)[1] by the US Environmental Protection Agency (EPA) and the Army Corps of Engineers (together Agencies) that they intended to revise the WOTUS rule, additional significant developments have occurred.
Topics: Navigable Waters Protection Rule (NWPR), WOTUS, CWA
Another Iteration of the WOTUS Rule Likely to be Served Up Shortly
By Jeffrey Karp, Senior Counsel, and Edward Mahaffey, Law Clerk
Topics: Environmental Protection Agency, Clean Water Act, Navigable Waters Protection Rule (NWPR), WOTUS