In an update from August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have a significant amendment to the definition of “waters of the United States” (WOTUS). This announcement pertains to a pre-publication version of their final rule, which is a reaction to the court decision in the Sackett v. EPA case by the U.S. Supreme Court earlier this year.
The Sackett ruling has given a momentum for reviewing and reassessing several environmental regulations, the WOTUS definition being among the most pivotal. The change in the WOTUS rule could engender substantial impacts on a multitude of projects requiring federal permits, dramatically affecting businesses across sectors that interact closely with the water bodies classified under WOTUS, from real estate and construction to energy and agricultural sectors.
While waiting for the publication and the subsequent possible legal challenges, legal professionals are advised to remain updated on the changes in the regulatory outlook. The extent of the rule’s impact will only be ascertained once the final rule becomes effective, which could bring either new compliance requirements or litigation risks for businesses.
Bricker & Eckler LLP, a leading law firm, has provided extensive analysis and updates regarding this matter. Follow this link to access their commentary on the recent pronouncement, which may give professionals a better understanding of what to foresee and how to prepare for the imminent changes.