On August 29, 2023, important amendments were made to the definition of ‘water of the United States’ (WOTUS), which were released by the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps). The redefinition of WOTUS significantly reduces the authority of these bodies to enforce permits for developmental activities or work in certain water bodies and wetlands. This restriction of jurisdiction brings about far-reaching legal implications for corporations and law firms dealing with environmental compliance and land development projects.
As per the new WOTUS Rule, intrastate wetlands fall under jurisdiction only when they maintain a “continuous surface connection” with a traditional navigable water, an impoundment, or a relatively permanent body of water. This amendment substantially narrows the scope of Clean Water Act’s applicability, effectively liberating many land and water development projects from strict regulatory oversight.
The revised rule adds a greater degree of complexity to the compliance strategy for corporations and legal professionals, particularly those involved in land and water development. Law firms and corporations operating in this area need to stay abreast of such changes to understand better the environmental and regulatory implications on their projects. The revision to the WOTUS definition not only presents significant legal challenges but also carries potential risks for non-compliance.
Legal professionals should approach these adjustments with an eye for detail, strategizing to ensure compliance and mitigate potential legal risks tied to this substantial change in environmental regulation. Equipped with this knowledge, law firms and corporations can more effectively navigate the complexities of the new WOTUS rule as part of their commitment to sustainable development and environmental responsibility.