Continued disputes are on the rise over the recently amended “Waters of the United States” (WOTUS) rule issued in light of Sackett v. EPA. The U.S. Environmental Protection Agency (U.S. EPA) and the Army Corps of Engineers revealed the final conforming revision on September 8 to adjust the definition of “waters of the United States” which responds to the U.S. Supreme Court’s recent Sackett decision.
In the notable Sackett v. EPA case, the Supreme Court rendered a pivotal decision that significantly impacts the interpretation and application of the Clean Water Act, a ruling which has led to the present adjustments to the WOTUS rule.
The revamped WOTUS rule has not been without controversy, having garnered contentious responses in the legal and environmental community. Attorneys and environmental professionals have engaged in protracted debates concerning the ramifications of this rule change, shedding light on the ever-evolving complexities of United States environmental law.
As the wrangling continues, the final resolution remains uncertain, signifying a critical period for entities operating within the scope of American environmental law. For those interested in the finer details of this unfolding legal situation, the original article penned by Roetzel & Andress provides valuable insights.