EPA and Army Corps to Revise the Definition of “Waters of the United States” (WOTUS)

The U.S. Environmental Protection Agency (EPA) recently issued an announcement that they will be collaborating with the Army Corps of Engineers to review the definition of "waters of the United States," aiming to reduce red-tape, lower permitting costs, and protect navigable waters from pollution.

The Supreme Court's ruling in Sackett v. Environmental Protection Agency, which declared that the Clean Water Act's use of "waters" embraces those generally permanent, standing or continually flowing bodies of water that compose streams, oceans, rivers, and lakes, will serve as a reference for the Agency's examination.

The two agencies plan to review the 2023 definition of "waters of the United States" by involving stakeholders and addressing key challenges, while also providing guidance to states implementing the pre-2015 definition to ensure consistency with land law.

The agencies also issued Memoranda field offices in response to requests for clarification on the implementation of “waters of the United States”. This guidance represents the agencies’ views on the proper implementation of the definition of “waters of the United States” and is effective immediately.

This memorandum provides guidance on both the revised and pre-2015 regulatory regimes.

Read the full Memorandum - Memorandum To The Field Between The U.S. Department Of The Army, U.S. Army Corps Of Engineers  And The U.S. Environmental Protection Agency Concerning The Proper Implementation Of “Continuous Surface Connection” Under The Definition Of “Waters Of The United States” Under The Clean Water Act.

The EPA and the Department of the Army opened discussions on the implementation of the definition of "waters of the United States" with stakeholders prior to taking further administrative action in order to clarify specific aspects of the definition.

Read the full WOTUS Notice - The Final Response to SCOTUS; Establishment of a Public Docket; Request for Recommendations