EPA Unveils Revised Water Rule, Narrows Federal Jurisdiction Over Wetlands Post-Supreme Court Ruling

The EPA and Army Corps propose a new 'Waters of the United States' rule, narrowing federal wetland jurisdiction. This revision follows the Supreme Court's Sackett v. EPA ruling, clarifying regulations.

Overview

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1.

The EPA and Army Corps of Engineers have proposed a new "Waters of the United States" (WOTUS) rule, significantly narrowing federal jurisdiction over wetlands and other water bodies.

2.

This proposal directly responds to the 2023 Supreme Court ruling in Sackett v. EPA, which limited federal authority and mandated a redefinition of protected waters.

3.

The revised rule reduces federal oversight, excluding isolated wetlands and seasonal channels without direct navigable connections, shifting more regulatory responsibility to states and tribes.

4.

The rule aims to reduce bureaucracy and clarify regulations for landowners, farmers, and industry. It balances environmental protection with property rights, diverging from previous expanded federal policies.

5.

The proposed rule will undergo a 45-day public comment period after publication in the Federal Register, with legal challenges anticipated before its finalization.

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