An important development for environmental law professionals, the United States Environmental Protection Agency (EPA) and the United States Corps of Engineers have issued a pre-Federal Register publication final rule on August 29th revising the definition of ‘waters of the United States’ (‘WOTUS’) under the Clean Water Act. This rule is a response to the United States Supreme Court’s Opinion in Sackett v. Environmental Protection Agency, a case which significantly narrowed the scope of what constitutes a WOTUS.
This modification, intended to align with the judgement in Sackett, represents a significant shift in the legal landscape for environmental laws and regulations, particularly for large corporations and law firms working in or with industries closely associated with water resources.
It is worth noting that the collective body of the EPA, which was responsible for issuing this final rule, has been under significant scrutiny in recent years for its interpretative decisions. However, the changes announced in this rule may indicate a critical shift in their actions reinstating the spirit of the Clean Water Act.
In fact, the Sackett decision, though complex in legal terms, ultimately aimed to ensure fairness and clarity in how the EPA and Corps of Engineers enforce the Clean Water Act, offering a more concise definition of WOTUS for practical purposes.
The full implications of this change are still to be seen, but legal professionals would do well to monitor this transformation closely. Staying updated with the EPA and Corps of Engineers’ actions and rules on environmental areas of law, specifically those relating to water resources, could prove beneficial in managing future legal developments in this space.
For more information, the pre-Federal Register publication final rule can be accessed in detail at this link.