EPA and Army Corps of Engineers Revise Definition of "Waters of the United States"

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers finalized a rule defining the scope of waters protected under the Clean Water Act. This new definition expands the scope of protected water resources.

EPA’s revised definition comes after lawsuits from tribes and environmental organizations challenged the Trump Administrations Navigable Waters Protection Rule, which stripped federal protections from many waters and wetland areas, including interstate waters.

The new rule will be effective on March 20, 2023.