On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. Read more about the conforming rule.
The conforming rule will become effective upon publication in the Federal Register. Where the January 2023 Rule is not enjoined, the agencies will implement the January 2023 Rule, as amended by the conforming rule. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. The information below is provided for informational purposes only. Visit the “Current Implementation” page for more information about current implementation of the definition of “waters of the United States.”
For more information: https://www.epa.gov/wotus/revising-definition-waters-united-states