The Environmental Protection Agency (EPA) and Department of the Army issued their final WOTUS rule in January 2023. Under the Clean Water Act (CWA), the WOTUS Rule determines which bodies of water fall under federal jurisdiction. The radical expansion of federal authority over private property wetlands across the country will require owners to spend more time and money on compliance.
The rule went into effect on March 20, 2023, which expands the EPA’s jurisdiction over private property.
On May 25, 2023, the U.S. Supreme Court announced a 9-0 decision in a significant WOTUS case—Sackett v. Environmental Protection Agency. The Supreme Court determined the EPA and Department of the Army overstepped their regulatory authority under the CWA. This ruling affirmed NFIB’s amicus brief in the Sackett case, which significantly narrows the reach of the federal CWA and is a victory for small business farmers, ranchers, home builders, and contractors. Considering the decision in Sackett, the EPA issued a revised WOTUS rule.
