Revised WOTUS Rule Limits Reach of Clean Water Act

Schwabe, Williamson & Wyatt PC

Following years of administrative rulemaking and litigation, on September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of waters of the United States (WOTUS) that significantly curtails the jurisdictional scope of the Clean Water Act (CWA) and, as a result, agencies’ authority to require permits for work in certain waters and wetlands. (88 Fed. Reg. 61964 (Sept. 8, 2023)).

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