Seeking To Align With Sackett, WOTUS Plan Defines Key Terms, Exclusions

EPA is issuing a long-awaited proposal to revise the Biden EPA’s 2023 rule defining “waters of the United States” (WOTUS) to align with the Supreme Court’s decision in Sackett v. EPA , defining key terms for determining which waters are subject to the Clean Water Act (CWA) such as “relatively permanent” and “continuous surface connection.” The Nov. 17 proposal also expands and defines key exclusions as well. The prepublication version of the proposed rule says that EPA and the U.S...