EPA Revises WOTUS Rule Post Sackett

September 6, 2023
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the Department of the Army released a final rule amending the 2023 definition of “waters of the United States” (WOTUS) to conform with the United States Supreme Court’s decision in Sackett v. EPA. Specifically, this rule revised the January 2023 rule text that is invalid post-Sackett, including references to the significant nexus standard, wetlands, and streams, as well as revised the definition of adjacent to mean “having a continuous surface connection.”

This revised rule seeks to provide clarity and a path forward. For example, infrastructure projects, economic opportunities, and additional actions can resume to safeguard our nation’s waters now that the Army Corps of Engineers will resume issuing jurisdictional determinations on whether certain waters are subject to the Clean Water Act.

To learn more about the revised WOTUS rule and how it may impact your work as a landscape architect, please visit EPA’s WOTUS website, including updated WOTUS implementation tools.

Additionally, tell ASLA about your leadership on water projects experience and how federal water policies impact your work by completing a short survey HERE.
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