EPA and Army Publish Amended WOTUS Rule Per Supreme Court Decision

Photo Courtesy of Sebago Clean Waters

EPA and the U.S. Army have announced a final rule entitled, “Amendments to the Revised Definition of ‘Waters of the United States (WOTUS)” under the Clean Water Act. This new rule makes changes to the 2023 definition of WOTUS in accordance with the recent Sackett v. EPA Supreme Court ruling. These final rule amendments remove the significant nexus test from consideration when identifying tributaries and other waters as federally protected, per the Supreme Court decision that specific provisions in the 2023 rule are invalid. Because the sole purpose of this rule is to amend specific provisions per the court case, the rule will take effect immediately. EPA and the Army will work with state, tribal and local partners to safeguard waters in need of protection and will continue to use all available tools to protect public health and provide clarity for stakeholders.

EPA and the Army will host a public webinar on September 12, 2023 to provide information on updates to the definition of WOTUS. To register, visit EPA’s amendments rule webpage. The agencies also plan to host listening sessions this fall with co-regulators and stakeholders, focusing on identifying issues that may arise outside of this limited rule to conform the WOTUS definition with the Supreme Court decision. For more information, view the press release and visit EPA’s website.