The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) penned a major revision to the definition of “Waters of the United States” (WOTUS) within their own regulatory frameworks on August 29, 2023, according to a report by Holland & Knight LLP. This decision expands on the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq (WOTUS Rule).
The modification was enacted to align the definition of “WOTUS” with the jointly issued ‘Revised Definition of Waters of the United States’ (Biden Rule) in January 2023 by the Biden administration. This was done in response to persistent issues and calls for clarity around the jurisdictional scope of federal clean water regulations.
Professionals in corporate governance and legal affairs should consider the impacts of these changes on their firms and clients. Expanding the definition of WOTUS might extend the jurisdictions of environmental regulations, potentially posing operational and legal challenges for industries such as construction, energy, and real estate that frequently interact with water bodies and wetlands.
Moreover, this updated definition might also provide additional legal tools to challenge potentially harmful projects or practices, an aspect environmental groups and proactive corporations might leverage in their work towards greener practices.
Details regarding the specific changes in the definitions are yet to be announced by the Corps and EPA. Legal professionals and other stakeholders within relevant sectors should keep a keen eye on possible press releases and prepare for any necessary adjustments to business and legal strategies.