Biden Administration Finalizes Part 1 of New ‘Waters of the United States’ Rule

February 2023

California Land Use Law & Policy Reporter, Volume 32, Number 5

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army, Army Corps of Engineers (Corps) (collectively: Agencies) published the final Revised Definition of Waters of the United States (WOTUS) rule (2923 WOTUS Rule) that sets forth a new definition of WOTUS. (Revised Definition of Waters of the United States, 88 Fed. Reg. 3004-3144 (Jan. 18, 2023).) The rule is expected to take effect on March 20, 2023 based on a January 18, 2023 publication date in the Federal Register.

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