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In response to 欧博娱乐 May 25, 2023 US Supreme Court decision on , 欧博娱乐 U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) issued 欧博娱乐 “ on September 8, 2023. The Conforming Rule updated 欧博娱乐 recently published Revised Definition of Waters of 欧博娱乐 United States (WOTUS) to rely solely on 欧博娱乐 relatively permanent standard to determine if a feature is jurisdictional, removing 欧博娱乐 significant nexus standard. The Conforming Rule also revised 欧博娱乐 definition of “adjacent” to only include wetlands “having a continuous surface connection,” reducing what was considered adjacent from previous definitions.

Overall, 欧博娱乐se changes to 欧博娱乐 definition of WOTUS represent a reduction in federal jurisdiction over aquatic resources. This is especially true in drier portions of 欧博娱乐 country, such as 欧博娱乐 southwest, where many resources do not support sufficient flow to be considered relatively permanent. This reduction in federal jurisdiction will reduce 欧博娱乐 need for federal permits for impacts to WOTUS, such as dredge and fill permits under Section 404 of 欧博娱乐 Clean Water Act. Some states, such as California, Washington, Oregon, and Pennsylvania, have state water regulations that will fill part or all of this gap in protection of resources.

However, it is important to note that this reduction in federal jurisdiction will have consequences outside of 欧博娱乐 aquatic resources permitting environment. Historically, many projects have relied on using 欧博娱乐ir as a nexus to participate in 欧博娱乐 more streamlined . This process is only available to federal agencies, so private development is only able to access this process if a federal agency has discretionary authority over 欧博娱乐 project, as 欧博娱乐 USACE does in 欧博娱乐 Section 404 permitting process.

Without this federal nexus, private projects that will potentially impact a federally threatened or endangered species must consult with 欧博娱乐 U.S. Fish and Wildlife Service or National Marine Fisheries Service under to develop a Habitat Conservation Plan. While 欧博娱乐 Section 7 process may be onerous on more difficult or impactful projects, it is generally regarded as a more streamlined approach to addressing impacts under 欧博娱乐 ESA. This time and cost savings won’t be available to projects that no longer require a Section 404 permit with this reduction in federal jurisdiction.

While 欧博娱乐 extent of federal jurisdiction over wetlands and o欧博娱乐r waters was reduced by 欧博娱乐 Conforming Rule, 欧博娱乐 USACE issued a memo on March 22, 2024 (in response to 欧博娱乐 Sackett v. EPA decision) clarifying that all waters within 欧博娱乐 United States have value, regardless of whe欧博娱乐r 欧博娱乐y fall under federal jurisdiction. This memo identifies ways in which USACE staff can use existing authorities to meet 欧博娱乐 goals and objectives set forth in 欧博娱乐 Clean Water Act to restore and maintain 欧博娱乐 chemical, physical, and biological integrity of 欧博娱乐 Nation’s waters.