As detailed in the September 8th Federal Register, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a final rule amending the “Revised Definition of ‘Waters of the United States’” rule. Effective immediately, without any opportunity for public comment, this rule was put into effect. It recalibrates key elements of the regulations directing the agencies’ jurisdiction over waters of the United States (WOTUS).
This sweeping legality aligns with the U.S. Supreme Court’s May 25, 2023 decision in Sackett v. EPA. The ruling drastically trims federal jurisdiction over wetlands. While the implications of this decision are vast and still unfolding, the immediate shift signals significant changes for corporate compliance.
So, what does this mean for the corporations and law firms maneuvering the intricacies of this new landscape? Firstly, the gritty analysis of environmental impact statements for new projects may become simpler. Since fewer wetlands now fall within the jurisdiction of WOTUS regulations, there could be a significant drop in the number of projects requiring such evaluations.
Additionally, the reinterpretation of jurisdiction could alleviate a certain layer of regulatory burden. But, it is important to note that state-level regulations may still apply and even in some cases they could tighten in response. Therefore, while compliance in relation to federal law may become less stringent, companies may concurrently face additional challenges at the state level.
What seemed a sudden alteration in the regulatory framework serves as a reminder to corporations and law firms of the complexities and the dynamic nature of environmental law. Staying updated and continuously reassessing the impact of such changes on business activities is more pivotal than ever.