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On August 29, 2023, the EPA and the U.S. Army Corps of Engineers (Corps) announced a final rule amending the 2023 definition of “waters of the United States (WOTUS)” to conform with the recent U.S. Supreme Court (SCOTUS) decision in Sackett v. EPA. Having a clear and defensible definition of WOTUS is critical for Clean […]
New Mexico is known as the “Land of Enchantment,” but it is also a state without a lot of bodies of water. When the Trump administration changed the “navigable waters” definition to include only waters that flowed year-round, both New Mexico and Arizona were particularly hard hit, as the majority of their waterways don’t have […]
In their just-released final rule, the EPA and Army Corps of Engineers (EPA/Corps) provide a definition of the Clean Water Act (CWA) term Waters of the United States (WOTUS) that, the agencies say, is based in the commerce clause of the Constitution.