Update on the Amended Waters of the U.S. Rule
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On August 29, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) issued a final rule amending the 2023 definition “Waters of the U.S.” (WOTUS) to conform with the U.S. Supreme Court’s (SCOTUS) decision in Sackett v. EPA. The amendments made by the EPA and the Army Corps (the agencies) remove or elements of the definition that are invalid under the Sackett decision, including the significant nexus test and the definition of ‘adjacent.’ Join NACo for a discussion of the amendments made by the agencies and the future of WOTUS.
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