On September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) unveiled a revision to the definition of ‘waters of the United States’ (WOTUS), signaling significant consequences for the jurisdictional scope of the Clean Water Act (CWA). The release, as published in the Federal Register (88 Fed. Reg. 61964 (Sept. 8, 2023)), follows periods of administrative rulemaking and intense litigation.
This modification in the WOTUS definition severely restricts the agencies’ authority to mandate permits for work in specific waters and wetlands. Briefly put, the alteration to the WOTUS legislation results in a downsized reach for the Clean Water Act.
This critical regulatory shift comes after a series of extensive discussions and lawsuits. The new definition offers a narrower interpretation of the Act’s scope and reduces the types of bodies subject to federal regulation under the Act. While the EPA and Corps aim to provide increased clarity and consistency through this amendment, the revision has raised substantial concerns among environmental groups who fear it could pave the way for increased pollution of small bodies of water and wetlands.
The revision has direct implications for legal professionals working in environmental law, real estate, construction, and industries that deal with resources like agriculture and mining. Given the significant impact of this new rule on businesses and other stakeholders, interpreting its full implications is crucial for a range of practices.
For a more detailed breakdown of the revised WOTUS rule and its potential impacts, see the complete article on jdsupra.com (credit: Schwabe, Williamson & Wyatt PC).