On August 29, 2023, a significant development in U.S. environmental policy unfolded as the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) publicized the text for a rule that further revises the definition of “waters of the United States” (WOTUS), which the agencies had previously established in the “January 2023 Rule.” This occurrence posed numerous unanswered questions regarding the stewardship and future of America’s water bodies.
This update came in the aftermath of the legal case Sackett v. EPA, a major event that precipitated the reassessment of WOTUS’s definition. However, the specifics about this update and its potential implications have not been thoroughly expounded.
The finalized definition made public earlier in January was pivotal in shaping America’s environmental policy. The recent amendment to that legislation has been brought to light, but the specifics of this amendment, the reasoning behind it, as well as its long-term implications remain unclear.
For legal professionals and corporations, keeping a close eye on the evolution of legal definitions is vital, especially concerning environmental policy, which is closely connected to various economic sectors. The change to the WOTUS definition is emblematic of this necessity.
These developments and more were comprehensively reported by the lawyers at Vinson & Elkins LLP
here.