On the heels of the landmark Sackett Supreme Court decision, which substantially narrowed the scope of waters subject to federal Clean Water Act permitting requirements, the federal EPA announced yesterday that it intends to develop a final rule in light of the Sackett decision no later than September 1st. Practically, this will likely mean that the US Army Corps of Engineers will continue to pause the issuance of jurisdictional determinations and possibly 404 permits through September 1st.
The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. The agencies intend to issue a final rule by September 1, 2023.
