On January 18, 2023 (88 FR 3004), the Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) published a Final Rule in the Federal Register (FR) finalizing a rule defining the scope of waters protected under the Clean Water Act (CWA). In developing this rule, the agencies considered the text of the relevant provisions of the CWA and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining “waters of the United States.” This final rule advances the objective of the CWA and ensures critical protections for the nation’s vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States. This action is effective on March 20, 2023.

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EPA ACE 01-18-2023 final rule Revised Waters of the US definition