On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released their amendment to the January 2023 rule defining what constitutes waters of the United States (WOTUS) in order to incorporate the majority’s opinion in Sackett v. EPA. We have previously reported extensively on Sackett and the varying iterations of the definition of WOTUS. You can view EPA’s webpage on the amendment here.
The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. Surgical in approach, the conforming rule makes several targeted revisions to the January 2023 Rule to comply with Sackett.
Learn more about these changes and what’s next in our recent alert.
PartnerRebecca Hays Barho focuses her practice on natural resource law, with particular emphasis on the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), the Clean Water Act ...
PartnerMary Lynn Coffee has more than 35 years of experience providing legal and regulatory advice and counsel with respect to complying with and permitting under CEQA, NEPA and state and federal water quality, wetlands, endangered ...
California Water Views provides timely and insightful updates on the water sector in the state. We relay information on how water legislation and policy from the nation’s capital, Sacramento, and around the U.S. affect California’s water utilities, agencies, practitioners, and consumers. We also write about important events, conferences, legal cases, and other key happenings involving all things water in and around California.
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