SCOTUS Deals Setback for Biden WOTUS Rule

A U.S. Supreme Court decision last week has narrowed the definition of which waters and wetlands are considered “waters of the United States” (WOTUS) and are protected by the federal Clean Water Act.

In this summary, OMA Connections Partner Roetzel writes that the U.S. EPA will now be forced to reconsider its WOTUS rule, which has been stayed in 26 states.

OMA Connections Partner Vorys writes that the SCOTUS opinion impacts only the jurisdictional limits of federal waters. Because Ohio already regulates isolated wetlands, the scope of state-regulated wetlands will expand to cover more wetlands as a result of this ruling. 5/30/2023