EPA Issues Guide Narrowing WOTUS’ Reach Ahead Of Regulatory Overhaul

EPA is issuing guidance narrowing the Biden-era definition of when a wetland has a “continuous surface connection” to a “water of the United States” (WOTUS) and is thus jurisdictional, seeking to align it with its view of the high court’s decision in Sackett ahead of plans for a broader and more “durable” overhaul of the WOTUS policy. EPA Administrator Lee Zeldin said during a March 12 announcement of the guidance that the agency will pursue a “definition that is...