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Tag: Waters of the U.S.
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  • 8 September 2023 - EPA and the Army Issue Final Rule to Amend 2023 Rule

    On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision.
  • 21 April 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update

    On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “Waters of the United States.” On April 20, 2023, the U.S. Court of Appeals for the Sixth Circuit temporarily issued a stay of enforcement of the 2023 Rule until May 10, 2023.
  • 12 April 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update

    On December 30, 2022, the Environmental Protection Agency and the U.S. Department of the Army (“the agencies”) announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register, and the rule took effect on March 20, 2023.
  • 20 March 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective

    On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas.