Home > News > EPA to Rewrite WOTUS by September 1

EPA announced this week plans to complete a rewrite of the 2023 Waters of the U.S. (WOTUS) rule on or before September 1. The announcement comes after the Supreme Court ruling in May struck down the Biden administration rule. EPA filed a motion to stay an ongoing WOTUS lawsuit on Monday. The agency told the U.S. District Court for North Dakota that a rewrite is impending, arguing that it’s best to preserve resources and conserve the “judicial economy” by staying the case.

Ongoing discussions remain focused on the vagueness surrounding the Clean Water Act and thereby the EPA’s ability to have jurisdiction on private land. The Sacketts, a farming family in Idaho who won an appeal to a WOTUS case on their own property, had filed many appeals over the course of 15 years. Justice Samuel Alito wrote the majority opinion following the case that EPA’s interpretation of the law “gives rise to serious vagueness concerns in light of the Clean Water Act’s criminal penalties.”

Read more on the ongoing WOTUS debate and EPA’s aim to rewrite it here.


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