WOTUS: The Next Chapter

August 29, 2023

U.S. EPA and the U.S. Army Corps of Engineers have released their proposed regulations following the United States Supreme Court's decision in Sackett v. U.S. EPA. The proposed amendments seek to remove contested language from the definition of "Waters of the United States," those waters deemed subject to federal laws and enforcement. The agencies will accept comments on the proposed changes until October 13, 2023.

The proposed regulations may be found here. And at least one thing is certain: this won't be the end of the decades-long cycle of proposals, litigation, and amendments.