Unpacking the Revised WOTUS Rule
On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.
88 FR 83073
The Forest Service proposed to establish a new Forest Service Manual chapter and new direction for all types of monitoring activities across the National Forest System to track conditions and inform evidence-based decisionmaking and adaptive management.
88 FR 83151
United States v. Electron Hydro, LLC, No. 2:20-CV-1746-JCC (W.D. Wash. Nov. 20, 2023). Under a proposed consent decree, settling CWA defendants whose construction activity at a hydroelectric facility on the Puyallup River in Pierce County, Washington, allegedly involved illegal discharges into waters of the United States and violations of Army Corps of Engineers and state of Washington permits must pay a $1.025 million civil penalty, conduct surveys of stretches of the Puyallup River to recover discharged materials, implement best management practices at the construction site, hire a separate firm to review upcoming permit application materials, and place a 72-acre parcel of land into conservation in perpetuity.
88 FR 83120
All 10 EPA regions seek comment on the draft 2026 NPDES pesticide general permit, which covers point source discharges from the application of pesticides to waters of the United States.
88 FR 83101
NOAA and EPA seek comment on the proposed finding that Indiana has satisfied all conditions the agencies established as part of their 2008 approval of the state's coastal nonpoint pollution control program.
88 FR 82891
EPA announced the availability of draft guidance on applying the U.S. Supreme Court's recent decision in County of Maui v. Hawaii Wildlife Fund in the CWA §402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.