January 14, 2023 USTFA

EPA and Army Publish Final WOTUS Rule

EPA and Army Press Release

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army) published a final rule in the Federal Register which will become effective on March 20, 2023.

The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available below.

Additional Materials

National Aquaculture Association note: A legal challenge before the Supreme Court may impact the final rule. The Harvard Law School has posted a student analysis of Sackett vs. EPA which is quite readable. Please click here.