EPA proposes a rule to redefine WOTUS under the Clean Water Act

In November, the Environmental Protection Agency and the U.S. Army Corps of Engineers proposed a rule to redefine "Waters of the United States” under the Clean Water Act.

The action aims to bring federal jurisdiction in line with the Supreme Court’s 2023 Sackett v. EPA decision, which ruled that only “relatively permanent” wetlands with a continuous surface connection to navigable waters applied to the Clean Water Act.

The action would also tighten the definition of a tributary to include only those with continuous flow, a defined bed and bank and connections with other waters.

Furthermore, interstate waters would be eliminated as a separate category, meaning federal regulation would no longer apply when simply crossing state lines.

The draft rule is currently published to the Federal Register. The period for public comment ended on Jan. 5.