Source: https://www.agc.org/, January 5, 2023

On Dec. 30, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule to newly define “waters of the United States” (WOTUS).  AGC has been working to bring clarity to the question of when a costly and time-consuming federal water permit is required on projects (vs. a state permit). The agencies released the rule as the U.S. Supreme Court is deciding on a case that will have bearing on the definition of WOTUS. Furthermore, the agencies also have previously stated that they plan a second round of changes in a Phase Two rulemaking. Read more.