EPA and the Army Corps, September 2023: changed the 'waters of the United States' rule to match the Supreme Court's 2023 Sackett ruling, dropping the 'significant nexus' test and narrowing which wetlands count. Issued without public comment. At signing, the rule was already blocked by courts in 27 states.
The Environmental Protection Agency (EPA) and the Department of the Army ('the agencies') are amending the Code of Federal Regulations (CFR) to conform the definition of 'waters of the United States' to a 2023 Supreme Court decision.
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EPA and the Army Corps, September 2023: changed the 'waters of the United States' rule to match the Supreme Court's 2023 Sackett ruling, dropping the 'significant nexus' test and narrowing which wetlands count. Issued without public comment. At signing, the rule was already blocked by courts in 27 states.