WOTUS update incoming, expected Sept. 1

The rule update from the EPA is intended to provide clarity to those who are affected by the Supreme Court decision in Sackett V. U.S.

EDITED BY LUKE REYNOLDS

July 7, 2023

The Environmental Protection Agency, Washington, D.C., is working to provide an update revising its current Waters of the United States rule.

The Supreme Court ruled in favor of Michael and Chantell Sackett in the case of Sackett v. Environmental Protection Agency, No. 21-454, in May, but the ruling did not unilaterally stop enforcement of the Biden administration rule beyond the 24 states it was not being enforced due to lawsuits.

The ruling, according to EPA Agricultural Advisor Rod Snyder, added confusion to the situation.

“There’s just fundamentally a ton of confusion right now. We want to try to avoid that and get this done quickly,” Snyder said in an interview with Agri–Pulse. “There are certainly a number of implementation questions that we want to work on with the ag community and other stakeholders this fall to make sure that there’s a clear understanding and that we’re all you know, getting feedback on the implementation of the rule.”