In a notable move, the Environmental Protection Agency (EPA) and the Army Corps of Engineers have amended the definition of “Waters of the United States” (WOTUS), following the Supreme Court decision in Sackett v. EPA. The modification in the definition invalidates the agencies’ previous definition.
The modified rule was announced recently and took immediate effect upon its publication in the Federal Register on September 8. This change has instigated discussions among legal professionals and corporations, provoking questions about its implications and how it will change the regulatory landscape.
The revision in the definition of WOTUS marks an essential shift in the regulatory control, potentially limiting the reach of federal water protections. The new rule follows the Sackett v. EPA decision, manifested by years of notable debates on the scope of WOTUS under the Clean Water Act.
The details of how this change will influence the legal, environmental, and corporate sphere are still to be observed. Nevertheless, the narrowing of the definition indicates a considerable realignment in federal regulation towards water protection. The legal fraternity, from environmental law practitioners to corporates with vested interests in environmental regulations, must remain aware of the evolving regulatory realities and how these changes may affect their operations and strategies.