Coalition Comment to EPA and Army Corps With Recommendations for Revised Wotus Rule

ARTBA and its allies in the Waters Advocacy Coalition (WAC) sent a letter to the Administrator of the U.S. Environmental Protection Agency and the Assistant Secretary of the Army for Civil Works U.S. Army Corps of Engineers providing the following recommendations to both agencies as they develop a rule to amend the January 18, 2023 final rule defining “waters of the United States” (WOTUS), consistent with the U.S. Supreme Court’s May 25, 2023 decision in Sackett v. Environmental Protection Agency:

• The Definition of WOTUS Must Adhere to the Core Holdings in Sackett.
• Specific Recommendations for a Revised Definition of WOTU
• The Agencies Should Clarify that NWPR AJDs Are Valid for All Purposes.