EPA Announces New Scope of “Waters of the United States” Definition Under the Clean Water Act

The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced they have finalized a rule defining the scope of “waters of the United States” protected under the Clean Water Act. The final rule aims to establish critical protections for the country’s vital water resources to support public health, environmental protection, agricultural activity, and economic growth. The rule, which becomes effective March 20, 2023, already is being challenged in court by the National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups claiming the rule is unconstitutional.