On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers unveiled a final rule amending the interpretation of “waters of the United States” under the federal Clean Water Act (CWA). The revamp follows the Supreme Court’s decision in May 2023 in Sackett v. EPA, which substantially curtailed the agencies’ jurisdictional purview over wetlands.
While the updated rule does restrict the EPA’s jurisdiction somewhat, it has not fully implemented Sackett’s mandate. The EPA, charged with enforcing America’s environmental laws, and the Army Corps of Engineers, which oversees public works, have faced increasing scrutiny regarding the scope of their authority, especially regarding where the CWA applies.
The original CWA was enacted in 1972 with the aim of reducing pollution of the nation’s waters. However, the term “waters of the United States” was undefined, leading to decades of battles over its interpretation. The Supreme Court’s decision in Sackett v. EPA was instrumental in narrowing down the agencies’ jurisdiction, prompting the recent changes.
What does this mean for corporations and law firms? The ambiguous scope of the CWA’s jurisdiction has long been a contentious issue, with significant implications for businesses and environmentalists alike. For instance, a narrow interpretation could limit the regulatory power of these agencies, potentially reducing compliance costs for firms. On the contrary, a broad interpretation might impose more stringent environmental demands.
Thus, environmental, regulatory, and corporate lawyers would have to monitor these changes keenly to understand how the new rule will play out in practice. This involves assessing whether the rule would change the legal landscape, particularly law firms and companies dealing with environmental and regulatory compliance matters. Broadly, the EPA and the Army Corps of Engineers’ amendment to the CWA represents a further development in the fluctuating balance between business interest and environmental protection.
To read the full information regarding the amendment, one can access the detailed report at JDSupra.