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ARTICLE · 01 SEPTEMBER 2023

Biden Administration Finalizes Updated WOTUS Rule

Nossaman LLP
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On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to the January 2023 rule...

United StatesEnvironment
Nossaman LLP
Nossaman LLP
Rebecca Hays Barho
Rebecca Hays Barho
Mary Lynn K. Coffee
Mary Lynn K. Coffee
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On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to the January 2023 rule (January 2023 Rule) defining what constitutes waters of the United States (WOTUS) in order to incorporate the majority's opinion in Sackett v. EPA. We have previously reported extensively on Sackett and the varying iterations of the definition of WOTUS. You can view EPA's webpage on the amendment here. The amended rule is expected to be published in the Federal Register by Friday, September 1, 2023, meeting the Agencies' previously established deadline and will be effective upon publication. Surgical in approach, the amendment–which the Agencies refer to as the "Conforming Rule"–makes several targeted revisions to the January 2023 Rule to comply with Sackett:

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