The EPA and Army Amend “Waters of the United States” Rule in Response to the Supreme Court’s Sackett II Ruling

The U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers have issued a final regulation amending their 2023 Clean Water Act definition of “Waters of the United States” (WOTUS) in response to the U.S. Supreme Court’s recent decision in Sackett II. EPA’s press release discussing this development is available here .

Sackett II was decided in May and struck down the agencies’ previous definition asserting authority over properties with a “significant nexus” to wetlands and streams. The Supreme Court held the agencies exceeded the authority granted to them by Congress under the Clean Water Act.

In the EPA’s […]

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By Donato