EPA and Army Amend “Waters of the United States” Rule

While EPA’s and Army’s 2023 rule defining “waters of the United States” was not directly before the Supreme Court, the decision in Sackett made clear that certain aspects of the 2023 rule are invalid. The amendments issued today are limited and change only parts of the 2023 rule that are invalid under the Sackett v. EPA decision. For example, today’s final rule removes the significant nexus test from consideration when identifying tributaries and other waters as federally protected. (Photo by Ries Bosch on Unsplash) WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the […]

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