Blog: Biden Administration redefines WOTUS
On January 18, 2023, the United States Environmental Protection Agency (EPA) and the Department of the Army (collectively, the “Agencies”) finalized a rule (2023 Rule) redefining how the Agencies interpret “waters of the United States” (WOTUS) pursuant to the Clean Water Act (CWA). The 2023 Rule attempts to return federal jurisdiction to the scope reflected in pre-2015 regulations and relies on the best available science, agency experience, and Supreme Court precedent. The 2023 Rule is scheduled to go into effect on March 20, 2023, but will likely face legal challenge.