Search

New Waters of the US Rule Takes Immediate Effect

Posted on 9/8/2023 by Lion Technology Inc.

Effective September 8, 2023, EPA and the US Army amended the Code of Federal Regulations (CFR) to re-define ‘‘waters of the United States” (WOTUS). The latest update adjusts provisions that were invalidated by unanimous Supreme Court decision on Sackett v. EPA earlier this year.

The new Final Rule amends EPA's previous WOTUS rule, finalized in January 2023, to adjust details that did not conform to the court's recent Sackett decision. 

Specifically, the agencies revised 40 CFR 120.2 and 33 CFR 328.3.

What Did the Supreme Court Decide in Sackett?

The Sackett v. EPA case began in 2007 when US EPA ordered a property owning family (the Sacketts) to cease development on private land because the property contained wetlands that the agency believed to be protected by the Clean Water Act (due to proximity to a protected lake).

After nearly 16 years, the case concluded, and Justice Alito gave the Court’s current interpretation:

"To determine when a wetland is part of adjacent "waters of the United States,".."waters" may be fairly read to include only wetlands that are "indistinguishable from waters of the United States."

This occurs only when wetlands have "a continuous surface connection to bodies that are 'waters of the United States' in their own right, so that there is no clear demarcation between 'waters' and 'wetlands.'"

Sackett v. EPA. "Slip Opinion." Alito, J. Decided May 25, 2023.  [Emphasis Lion's]


Professionals in industry need a clear definition of "Waters of the United States" they can use to make decisions about compliance. With the long-running Sackett case decided and a new rule in effect now, it seems we may have a definition of WOTUS that is here to stay.

Complete Environmental Regulations Training

Want a clearer idea of how major EPA air, water, and chemical programs all fit together to affect your site's activities? Join in on the next Complete Environmental Regulations Webinar on December 14–15 at Lion.com.

EH&S professionals who attend can identify the regulations that apply to their facility and locate key requirements to achieve compliance with the Clean Air and Clean Water Acts to EPCRA, TSCA, Superfund, and more. Prefer to train at your own pace? Try the interactive online course.

Tags: Clean Water Act, environmental compliance, Waters of the United States, WOTUS

Find a Post

Compliance Archives

Lion - Quotes

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

Lion does a great job summarizing and communicating complicated EH&S-related regulations.

Michele Irmen

Sr. Environmental Engineer

Download Our Latest Whitepaper

Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.