Analysis: Latest WOTUS Rule ‘Favorable’ for Many


There will be some regulatory confusion regarding the definition of “waters of the United States” under the federal Clean Water Act, writes OMA Connections Partner Roetzel. This is due to a two-tiered regulatory approach, which results from the U.S. Supreme Court’s recent Sackett decision. The firm notes that the conforming WOTUS rule — published last month by the U.S. EPA and the Army Corps of Engineers — will likely mean many more waterbodies aren’t subject to federal jurisdiction. 10/9/2023