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Waters of the U.S. Rule Will Significantly Expand Federal Authority

Highlights

  • The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) pursuant to the Clean Water Act (CWA).
  • The WOTUS Rule is the culmination of a long-anticipated rulemaking process to define the geographic reach of the agencies' authority in regulating streams, wetlands and other water bodies under the CWA, and replaces the Trump Administration's 2020 Navigable Waters Protection Rule (NWPR).
  • The "significant nexus" standard will result in expansion of CWA jurisdiction over wetlands and ephemeral waters.
  • This Holland & Knight alert explains the WOTUS Rule and what can be expected from the new regulation.
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Waters of the U.S. Rule Will Significantly Expand Federal Authority