The year of 2023 has seen significant development in defining the “Waters of the United States” (WOTUS). With three substantial modifications just this year, the latest iteration is now undergoing scrutiny.
The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE), collectively referred to as the “Agencies”, opened the year by revising the definition of WOTUS in what’s been termed as the “2023 Rule”. Detailed insights on this topic are available on JD Supra.
This most recent development, referred to as WOTUS Whiplash 4.3, marks the fourth revision of the 2023 Rule. It represents continuous efforts by the legal and environmental sectors to provide a comprehensive and universally accepted definition of WOTUS.
Understanding these rapid changes can be daunting, and legal professionals are advised to stay updated on developments to correctly interpret and apply the new definitions in their respective fields of work.
Changes in policy always lead to uncertainty and a need for clarity. That being said, these revisions are an immense step forward in crafting a clear, precise, and applicable definition for WOTUS. Close monitoring of the situation will be needed for future developments.