Document Type
Conference Proceeding
Publication Date
11-10-2023
Abstract
In 1982, the Army Corps of Engineers adopted the EPA definition of “waters of the United States.” This brought an end to a smoldering interagency conflict over the definitions under the Clean Water Act. This relationship was formalized with a 1989 Memorandum of Agreement between the EPA and the Corps; the Corps has largely ceded definitional decision making to the EPA, which develops guidance and supporting materials, while the Corps is responsible for most case-specific jurisdictional determinations under Section 404 of the Clean Water Act. In 2023, the agencies embarked on their latest round of rulemaking. In January, the Biden EPA and Corps published their 2023 Waters of the United States Rule; in May, the Supreme Court decided Sackett, throwing this rule into doubt; in August, the agencies attempted to restore clarity to “waters of the United States” with Amendments to the 2023 Rule. My comments will examine these August Amendments.
Recommended Citation
Day, Ryan, "Environmental and Natural Resources Law Symposium: Assessing the August 2023 Amendments to the Waters of the United States Rule in the Wake of Sackett v. EPA" (2023). Maurer Law Events. 10.
https://www.repository.law.indiana.edu/mle/10