EPA Releases New WOTUS Rule

Unpermitted development will be allowed in many wetland areas across the country under details released by the Environmental Protection Agency this week.

The new rule revises the Biden Administration’s Waters of the U.S., or WOTUS definition, which was struck down by the Supreme Court in May in Sackett vs EPA.

The previous rule had expanded Clean Water Act protections to wetlands and waterways. The new rule removes the “significant nexus” standard, which allowed protection to wetlands if there was a connection between a wetland and a waterway that allowed water to flow between the bodies of water.

The new language states wetlands protected by the Clean Water Act must have a continuous surface connection to a navigable waterway, in accordance with the Sackett ruling.

Proponents of limiting the reach of the Clean Water Act believe that the federal law doesn’t properly respect the rights of property owners.

Conservationists argue that the new rule will leave thousands of wetlands across the country vulnerable to pollution and removal without penalty.

While many wetlands will no longer be under the scope of the Clean Water Act, they may still be protected by state rules.   

For Market to Market, I’m Peter Tubbs.