Come Sail Away! The New Definition of WOTUS Expands Regulation Under the Clean Water Act

On January 18, 2023, the EPA and U.S. Army Corps of Engineers published a final rule redefining the term "waters of the United States" (WOTUS) modifying the purview of bodies of water subject to regulation under the Clean Water Act (CWA) and reversing the regulatory changes made during the Trump Administration. Already being challenged in court, the rule became effective March 20, 2023, and a pending ruling from the U.S. Supreme Court in Sackett v. EPA later this year will ultimately inform the outcome of those challenges. Energy, Environment & Natural Resources Practice Group member Scott Butcher joins the Briefly Legal podcast to discuss the vast history of WOTUS by navigating through the murky waters of extensive agency rulemaking and litigation and associated legal challenges in the 50 years since the CWA was passed.

About Scott Butcher

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