New EPA Water Rule in Effect

Is it possible the water resources on your site are federally regulated?

The U.S. Environmental Protection Agency (EPA) and corresponding agencies have finalized a rule clarifying which water resources may or may not qualify for protections under the Clean Water Act.

‘Waters of the United States’ (WOTUS) goes into effect March 20th, 2023.

Beginning March 20th, 2023 a revised definition for ‘Waters of the United States’ (WOTUS) goes into effect, which extends protections to a significant amount of resources, including those which may not have been covered in the Trump era WOTUS rule.

Two tests, which were used in years prior to the Trump rule, will again be used by regulators to determine the jurisdictional status of any particular waterbody include streams, lakes, and wetlands.

However, a multitude of court cases have challenged the new rule including a Supreme Court case which seeks to directly invalidate one of the two tests used to justify a resource as federally jurisdictional.

If the past is a predictor of the future, it is likely that we will revisit the rule soon.

As always, CVE can be your guide in navigating the treacherous waters of environmental permitting. Our team follows the shifting tides of all legislative and rulemaking changes in order to keep your project afloat.