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