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 will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

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

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

Michael Britt

Supply Chain Director

The instructor made the class very enjoyable and catered to the needs of our group.

Sarah Baker

Planner

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

The instructor was very engaging and helped less experienced people understand the concepts.

Steve Gall

Safety Leader

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

This is the best RCRA training I've experienced! I will be visiting Lion training again.

Cynthia L. Logsdon

Principal Environmental Engineer

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

Download Our Latest Whitepaper

Look beyond the annual "Top 10 List" to see specifics about the most cited OSHA health & safety Standards and the individual regulations that tripped up employers the most last year. 

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.