Last week, the Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“COE”) released a final rule to amend the WOTUS definition previously issued in January. This amended rule was issued in response to the United States Supreme Court’s decision in Sackett v. EPA. Background The definition of WOTUS is really a question regarding the scope of the Clean Water Act (“CWA”). Congress, acting under the Commerce Clause, passed the CWA in 1972. The CWA gave federal jurisdiction over “navigable waters,” a term that was defined as… Read More →
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