EPA Issues Final Rule for the Waters of the United States
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On August 29, the Environmental Protection Agency (EPA) and the US Army Corp of Engineers released the “Final Rule” for Waters of the United States (WOTUS). This amended Final Rule is to conform with the Supreme Court decision on the ‘Sackett vs. EPA’ case from earlier this year.
The revised rule can be accessed here and is effective as of September 8, 2023, upon publishing in the Federal Register. There was no comment period or public input to this Final Rule.
We believe the New Rule will have minimal impact in Virginia as VA DEQ considers Virginia waters as jurisdictional. See VA DEQ memorandum for further details.
VTCA and our Environmental Committee have not yet fully reviewed the new rule and encourage members to become familiar with the latest WOTUS Final Rule and develop their positions.
Please contact Rob Lanham for more information.
