The agency issued the new regulation to comply with a U.S. Supreme Court decision earlier this year.
Sackett
case, EPA and Army have an obligation to apply this decision alongside our state co-regulators, Tribes, and partners," EPA Administrator Michael S. Regan said in a news release Tuesday. As a result of the decision, an EPA official said several types of waters will no longer be under federal protection. Up to 63 percent of wetlands by acreage could be affected in addition to an estimated 1.2 million to 4.9 million miles of ephemeral streams, the official said.brought before the Supreme Court was the scope the Clean Water Act’s reach and how courts should determine what counts as “waters of the United States” under protection of the law.
“The exclusive purpose of the 2023 Rule was to define ‘waters of the United States,’ and this rule simply conforms that definition toTimothy Puko and Robert Barnes contributed to this report.
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