Earlier this week we reported that EPA plans to revise the “Waters of the United States” (WOTUS) regulation by Sept. 1. This move follows a Supreme Court ruling that limits federal protection of wetlands. EPA has not yet released a statement about the matter.
In its May 25 decision, SCOTUS said the 1972 Clean Water Act (CWA) only applies to marsh-like areas with a direct connection to bodies of water such as streams, oceans, rivers, or lakes. This deviates from the previous standard set by a 2006 ruling, which talked about a “significant nexus” between a land tract and a waterway.
EPA’s Response
“EPA (and) the Army Corps of Engineers remain fully committed to ensuring that all people have access to clean, safe water. We will never waver from that responsibility,” said the EPA statement about the upcoming revisions. “The agencies are interpreting ‘waters of the United States’ consistent with the Supreme Court’s decision.”
Both the EPA and the Corps of Engineers have regulatory duties for federal waterways.
