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EPA and Army Press Release

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army) published a final rule in the Federal Register which will become effective on March 20, 2023.

The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available below.

• Final Rule Notice: Revised Definition of “Waters of the United States” (pdf) (1.54 MB)

Additional Materials

• See the Docket (Docket ID No. EPA-HQ-OW-2021- 0602) on Regulations.gov for additional information.
• Press Release for the Final “Revised Definition of ‘Waters of the United States'” Rule
• Public Fact Sheet 2022 (pdf) (213.34 KB)
• Agricultural Community Fact Sheet 2022 (pdf) (194.13 KB)
• Landowners Guide Fact Sheet 2022 (pdf) (268.4 KB)
• Economic Analysis for the Final “Revised Definition of ‘Waters of the United States'” Rule (pdf) (6.4 MB)
  • Supplementary Material to the Economic Analysis for the Final Rule (pdf) (1.95 MB)
• Technical Support Document for the Final “Revised Definition of ‘Waters of the United States’” Rule (pdf) (3.74 MB)
  • Supplementary Material for the Technical Support Document (pdf) (556.43 KB)
• Response to Comments for the Final “Revised Definition of ‘Waters of the United States’” Rule
• Federalism Consultation
  • Summary Report on Consultation with State and Local Governments for the Rule: Revised Definition of “Waters of the United States” (pdf) (418.84 KB)
• Tribal Consultation
  • Summary Report on Tribal Consultation and Engagement for the Rule: Revised Definition of “Waters of the United States” (pdf) (413.02 KB)
• Public Outreach and Stakeholder Engagement Activities
• Current Implementation of “Waters of the United States”
• Regional Roundtables on Implementation of “Waters of the United States” Rules

National Aquaculture Association note: A legal challenge before the Supreme Court may impact the final rule. The Harvard Law School has posted a student analysis of Sackett vs. EPA which is quite readable. Please click here.