The U.S. Environmental Protection Agency (EPA) released a highly anticipated revision of the "Waters of the United States" (WOTUS) rule on August 29, 2023, in direct response to the U.S. Supreme Court's 2023 Sackett decision. This revised rule represents a significant development in the ongoing debate surrounding the scope of federal regulatory authority under the Clean Water Act. The revised rule no longer includes the "significant nexus" analysis under the Court's prior Rapanos decision. Additionally, "adjacent" wetlands subject to the Clean Water Act are now limited to those wetlands "having a continuous surface connection" with otherwise jurisdictional waters. The new rule clarifies and limits the jurisdictional reach of the Clean Water Act.
