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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.

  • 29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule

    Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities.

  • 6 July 2023 – USACE Announces the Availability of the Antecedent Precipitation Tool, Version 2.0

    USACE is announcing the availability of the Antecedent Precipitation Tool (APT), version 2.0.0. This new version of the APT contains additional functionalities, to include the incorporation of a newly developed gridded daily precipitation dataset from the National Oceanic and Atmospheric Administration (NOAA) National Centers for Environmental Information (NCEI).

  • 27 June 2023 - UPDATE Supreme Court Ruling in Sackett v. Environmental Protection Agency

    The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett.

  • 26 May 2023 - Supreme Court Ruling in Sackett v. Environmental Protection Agency

    The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.

  • 12 May 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 May 10, 2023, the U.S. Court of Appeals for the Sixth Circuit issued an order granting the motions of Kentucky and plaintiffs-appellants for an injunction pending appeal of the district court's 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.

  • 19 January 2023 – USACE and the U.S. Coast Guard execute a new MOU on navigable waters of the United States

    On 19 January 2023, the U.S. Army Corps of Engineers (Corps) Regulatory Program and the U.S. Coast Guard (Coast Guard) executed a new Memorandum of Understanding on agency reviews of bridge and causeway projects over, in, or affecting navigable waters of the United States.