On August 29, the Environmental Protection Agency announced its final rule amending its definition of “waters of the United States.” This new definition was written to conform with the Supreme Court’s May 24, 2023 ruling in Sackett v. EPA 598 U.S. _____(2023) (discussed in a previous blog here).
The Sackett decision held in favor of the Sacketts, who wanted to build a home on an empty lot near a lake in Idaho. The Supreme Court ruled in favor of the couple and held …
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The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’” (WOTUS) rule became final on March 20, 2023. However, the rule is facing challenges from nearly every conceivable angle. Implementation of the rule has already been halted in 24 states, the rule is facing disruption by the U.S. Supreme Court, and the Legislative Branch sought to rescind the rule altogether.
As Sarah Mangelsdorf highlighted in her March 2, 2023 Environmental Law Monitor post, New Year, New WOTUS: Is …
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The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’”(WOTUS) rule will become final on March 20. This latest iteration codifies the agencies’ pre-2015 approach to defining WOTUS and attempts to establish a bridge between the interpretations offered by the prior two administrations. In particular, the rule’s preamble specifically states that in “developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, …
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