The U.S. Environmental Protection Agency says it will work with the U.S. Army Corps of Engineers to revise the definition of “waters of the United States” that are subject to Clean Water Act regulation and permitting.
The review aims to ensure “clear and consistent rules” for the regulated community and bring the EPA into full compliance with the U.S. Supreme Court’s ruling in Sackett v. Environmental Protection Agency. The EPA and USACE also issued new guidance reversing aspects of the Biden administration’s approach to CWA enforcement.
The guidance directs field offices to more closely comply with Sackett’s direction that adjacent wetlands subject to CWA jurisdiction must have a continuous surface connection to traditional navigable waters. The move would make it easier for developers to build in areas subject to the CWA.
The EPA and USACE plan to schedule in-person and virtual listening sessions for stakeholders to provide feedback.
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