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

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

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.