On Monday, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works, Adam Telle, unveiled a proposed rule that would establish a clear, durable, common-sense definition of “waters of the United States” (WOTUS) under the Clean Water Act. The proposal aims to bring Clean Water Act protections for waters and wetlands in line with the US Supreme Court’s 2023 ruling in Sackett v. EPA, which reduced the scope of federal jurisdiction over waters and wetlands. The Biden administration issued a rule conforming to Sackett, but the EPA says this proposed rule is more in line with the ruling.
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