On Aug. 29, the U.S. Environmental Protection Agency and Army Corps of Engineers issued a and regarding amendments to the definition of 鈥渨aters of the United States鈥� subject to Clean Water Act regulation. This rule is aimed at bringing the January 2023 WOTUS final rule into compliance with the U.S. Supreme Court鈥檚 May 25 decision in Sackett v. Environmental Protection Agency.

老牛影视issued a statement in response to the rule, with Vice President of Regulatory, Labor and State Affairs Ben Brubeck stating:

鈥淯nfortunately, these revisions fail to fully implement the U.S. Supreme Court鈥檚 ruling in Sackett v. Environmental Protection Agency, which placed clear boundaries on the scope of the federal government鈥檚 authority while maintaining reasonable environmental protections for America鈥檚 waterways.

鈥淚nstead, this rule, issued without meaningful opportunities for input from the construction industry and other stakeholders, will contribute to continued regulatory uncertainty and unnecessary delays for critical infrastructure projects across the nation. 老牛影视urges the Biden administration to issue broader revisions to WOTUS in full compliance with the Supreme Court鈥檚 decision.鈥�

The final rule makes these adjustments to WOTUS:

• Removes the 鈥渟ignificant nexus鈥� test entirely
• Removes the 鈥渋nterstate wetland鈥� category
• Adjusts the definition of 鈥渁djacent waters鈥� to mean 鈥渉aving a continuous surface connection鈥�

The rule implements some of the key wins from the Sackett decision. However, it fails to fully implement the court鈥檚 opinion, including on the definition of 鈥渞elatively permanent鈥� waters, and may result in continued regulatory uncertainty. 老牛影视previously submitted to the agencies regarding implementation of Sackett as part of the Waters Advocacy Coalition.

The final rule will immediately take effect upon publication in the Federal Register. At that time, the amended version of the will be in effect, except in states where it is currently blocked by a preliminary injunction.