Clean Water Act of 2023 to be Considered by Congress

In mid-October, Democrats in the U.S. House of Representatives brought forth the Clean Water Act of 2023 in an attempt to counteract the Supreme Court’s interpretation of the definition of “navigable waters” related to the “waters of the United States” (WOTUS). Supporters say the Clean Water Act of 2023 would amend the Federal Water Pollution Read More

Amended “Waters of the United States” Rule Now in Effect

The U.S. Environmental Protection Agency (USEPA) and the U.S. Department of the Army (Army) announced an amended version of the 2023 definition of “waters of the United States” (WOTUS) Rule in late August. The amended WOTUS Rule took effect on September 8. It conforms with the Supreme Court’s May 25 decision in Sackett v. EPA. While Read More

WOTUS Lawsuit Suspended Until Amended Rule Published

The U.S. Environmental Protection Agency (USEPA) and Army Corps of Engineers claimed a small victory in July when a U.S. District Court granted a motion to stay the lawsuit brought by Texas, Idaho, and several industry groups against the USEPA’s Waters of the United States (WOTUS) rule. Judge Jeffrey Brown of the Southern District of Read More

Supreme Court Finds in Favor of Landowners in Landmark WOTUS Lawsuit

A Supreme Court decision in favor of property owners will likely impact the future of how the waters of the United States (WOTUS) are designated under the Clean Water Act (CWA). The nation’s highest court began hearing the high-profile wetlands protection case, Sackett v. Environmental Protection Agency, on October 3, 2022. Water industry analysts have monitored Read More

WOTUS Rule Blocked in 26 States While Bill to Overturn WOTUS Vetoed

A Federal court judge in North Dakota issued a preliminary injunction in mid-April against the implementation of the Waters of the United States (WOTUS) Rule proposed by the U.S. Environmental Protection Agency (USEPA). The ruling includes 24 States that jointly filed in North Dakota, including Montana, South Dakota, Utah, and Wyoming. The decision came on Read More