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Aug. 31, 2023
To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule
EPA and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of "waters of the United States" to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation's waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities. The Supreme Court's Decision in Sackett v. EPA, issued on 25 May 2023, created uncertainty for Clean Water Act implementation. The agencies are issuing this amendment to the 2023 rule expeditiously--three months after the Supreme Court decision--to provide clarity and a path forward consistent with the ruling. With this action, the Army Corps of Engineers will resume issuing all jurisdictional determinations. Because the sole purpose of this rule is to amend specific provisions of the 2023 Rule that are invalid under Sackett, the rule will take effect immediately.
 


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