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.
Sara Johnson represents national- and state-based trade associations in the ecological restoration and mitigation industry. She advises clients on their policy priorities, strategic planning and association governance – ...
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