The U.S. Environmental Protection Agency (EPA) has rapidly implemented a new rule regarding jurisdiction under the Clean Water Act (CWA), making use of an exception to the Administrative Procedure Act’s normal requirement for public notice and comment. The new rule concerns the definition of “Waters of the United States,” and comes in response to a recent U.S. Supreme Court ruling that undermined the existing rule in the case known as Sackett.
The EPA felt an urgent need to react to the Supreme Court’s decision, believing that consistent jurisdiction under the CWA depended on more immediate action. This case marks a rare instance where this exemption to the Administrative Procedure’s Act’s process has been triggered, emphasizing the significance of the ongoing legal discussions surrounding the Clean Water Act.
The new rule will redefine how waters and wetlands fit within the definitions of “Waters of the United States,” and consequently, their legal status under the CWA. This rule is, therefore, of significant potential impact to a wide range of stakeholders, from private landowners to corporate entities with interests in these areas, including those in the industries of agriculture, construction, mining, and energy.
While we don’t have the full details of the EPA’s new rule available, legal professionals should anticipate considerable debate and scrutiny around how this rule is applied and interpreted in the coming months.
To stay updated on these developments, visit JD Supra’s detailed write-up of the news here.