The U.S. Supreme Court once again brought the term Water of the United States (WOTUS) under the spotlight following its decision in Sackett v. EPA on May 25. This ruling has recalibrated the approach to determine WOTUS, a key prerequisite for actions under the Clean Water Act (CWA). It’s important to note that the CWA becomes ineffective if a water body doesn’t fall under the scope of WOTUS.
Prior to the Sackett decision, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) had elucidated their approach to assess the question of WOTUS through a rule published earlier in 2023, known as the 2023 Rule. However, this approach underwent a substantial alteration on August 29, when both EPA and the Corps published a new update.
The changes were largely precipitated by the Supreme Court’s fresh perspective on WOTUS, invoking a reinterpretation of the existing rules. It underscores the dynamic nature of environmental law and the continuous need for regulatory bodies and legal professionals to stay informed and adapt accordingly.
The complete details about the Supreme Court’s decision and its implications can be found in the original article
here written by Clark Hill PLC. Practicing attorneys, policy makers, and corporate legal professionals dealing with environmental regulations and compliance may find it particularly insightful.
The new ruling not only influences the immediate application of the Clean Water Act but also sets a precedent for future environmental regulations in the United States, exhibiting the substantial weight the term “Water of the United States” carries in the legal and regulatory discourse.