Jan05

ENVIRONMENTAL PROTECTION AGENCY AND US ARMY CORPS OF ENGINEERS ISSUE FINAL WATERS OF THE UNITED STATES RULE

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Final Waters of the United States Rule (WOTUS) issued December 30, 2022 by the Environmental Protection Agency and the U.S. Army Corps of Engineers (Corps). According to an article by the Pacific Northwest Association in the Nor’wester Newsletter the new WOTUS rule as issued by the EPA and Corps is defined to include:

  • Traditional navigable waters, the territorial seas, and interstate waters,
  • Impoundments,
  • Tributaries to traditional navigable waters, the territorial seas, interstate waters, or if they meet the relatively permanent standard or the significant nexus standard,
  • Adjacent wetlands if they meet the relatively permanent standard or the significant nexus standard or if they are adjacent to traditional navigable water, territorial seas, interstate waters, tributaries or impoundments that meet the relatively permanent standard or significant nexus standard, and;
  • Intrastate lakes and ponds, streams, or wetlands that meet either the relatively permanent standard or the significant nexus standard.

Litigation over the newly defined WOTUS is expected. Currently, according to Pacific Northwest Association, the U.S. Supreme Court has not ruled on Sackett v. EPA which addresses federal authority limitations over wetlands and waterways along with determining the appropriate test to determine WOTUS under the Clean Water Act.

For more information, visit the EPA here.

View WOTUS rule here.

View EPA and Corp coordinated memo here, wetland program and prior converted croplands memo here, and exemptions for ditches here.

View public fact sheet on WOTUS here.

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Posted:

Thursday, 05 January 2023