EPA and Department of the Army (the agencies) have announced new Waters of the United States (WOTUS) rules, following a May Supreme Court ruling that required the agencies to revise the definition. The new amendments are limited and change only parts of the 2023 rule that are invalid under the Sackett v. EPA decision.
Under the new rule, two primary changes were made, including:
• Provides clarification that wetlands protected under the Clean Water Act must have a continuous surface connection to navigable waterways.
• Removes the significant nexus test from consideration when identifying tributaries and other waters as federally protected.
The agencies are hosting public webinars to provide updates on the definition of WOTUS and will post a recording of the webinar to EPA’s website.