Final Rule Amending WOTUS Announced


On Aug. 29, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to a decision issued by the U.S. Supreme Court earlier this year. Bricker Graydon, the OMA’s general counsel, has authored this summary. Bricker reports that industry groups and others have already indicated they will challenge the final WOTUS rule. Meanwhile, the proposal is drawing criticism from GOP lawmakers on Capitol Hill. 8/30/2023