EPA and Army Corps Seek Public Comment on Revised WOTUS Definition Affecting Farm Water Features
The Environmental Protection Agency (EPA) and the Army Corps of Engineers have released a supplemental proposal seeking public comments on alternatives for defining 'Waters of the United States' (WOTUS) under the Clean Water Act. This action follows the U.S. Supreme Court's 2023 decision in *Sackett v. EPA*, which significantly narrowed federal jurisdiction over wetlands. According to Roger McEowen of the Washburn School of Law, the Supreme Court rejected the broader 'significant nexus' approach, requiring adjacent wetlands to have a continuous surface connection to a qualifying water body. This ruling created a clearer boundary for federal jurisdiction, particularly relevant for agricultural lands that often feature depressions, drainage features, and wetlands that are intermittently wet. The current proposal aims to further define the standards established by the Supreme Court, focusing on perennial waters, relatively permanent waters, and the continuous surface connection requirement. It also includes p...
