EPA & Corps of Engineers Publish Final “Revised Definition of Waters of the United States” (WOTUS) Rule


On December 30, 2022, EPA and the Corps of Engineers published the pre-publication version of the final “Revised Definition of ‘Waters of the United States'” rule which will be effective 60 days after it is published in the Federal Register. EPA’s WOTUS website provides additional information that will likely be helpful in understanding how this final regulation will work “in the field”. The two agencies developed this rule by considering the relevant provisions of the Clean Water Act (CWA), relevant Supreme Court case law, and the agencies’ experience after more than 45 years of implementation of the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.