EPA, Army Corps to amend WOTUS by Sept. 1

The Environmental Protection Agency and the Army Corps of Engineers announced this week that the agencies intend to issue a final Waters of the United States rule by Sept. 1 to reflect the Supreme Court’s ruling in Sackett v. EPA.

In a statement Tuesday, EPA said the revised rule “will be consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency.”

On Wednesday, the National Cattlemen’s Beef Association and litigation partners filed a motion in the U.S. District Court for the Southern District of Texas asking the court to strike down the Biden administration’s Waters of the U.S. rule in light of the Supreme Court’s decision in Sackett v. EPA.

“In Sackett v. EPA, the Supreme Court unanimously ruled that the EPA had overstepped its authority under the Clean Water Act,” said NCBA Chief Counsel Mary-Thomas Hart.

“A full rewrite of the Biden administration’s WOTUS definition is the only path to comply with the Sackett decision. NCBA is seeking summary judgement in our lawsuit against the Biden WOTUS rule and urging the Southern District of Texas to strike the rule from the books.”

In a news release, NCBA noted, “The Sackett case was not directly about agriculture, but the plaintiffs in the case were harmed by the EPA’s overregulation on WOTUS.”

“NCBA filed an amicus brief before the Supreme Court siding with the Sackett family in their lawsuit against the Environmental Protection Agency and Army Corps of Engineers. Ultimately, points raised in NCBA’s brief were incorporated in the justice’s final opinion, demonstrating the importance of NCBA joining the fight on this issue.”