2025
Comparably’s Best Company Outlook
Regulatory Alerts
EPA and USACE Amend 2023 Rule on WOTUS to Conform with Decision in Sackett v. EPA
Senior Water Resources Technical Director
Erica Gaddis
Erica has 20+ years of experience leading program and project teams in water quality, water resources planning, and water policy. She ensures that SWCA delivers high quality work products across the water resources service area.
Senior Natural Resources Team Lead
Russell Waldron
Russell has more than 25 years of experience in environmental regulations compliance for federal, state, and local laws with an understanding of the nuances of FERC regulations and NEPA, CWA, and ESA compliance.
Lead Wetland Scientist
Marcus Hope
Mr. Hope’s background includes project management, consulting, and field wetland science. His responsibilities with SWCA include project management of generation and transmission projects, compliance with Section 404 of the Clean Water Act, compliance with Section 10 of the River and Harbors Act, and Wetland Delineations. Mr. Hope has experience with working in wetlands across the southeast and has worked extensively with the U.S. Army Corps of Engineers (USACE) Fort Worth District, Galveston District, Mobile District, Vicksburg District, Memphis District, New Orleans District, And Tulsa District.
He has been directly involved in dozens of wind energy, solar energy, battery storage, and transmission line projects in Texas and the southeast. His work has included preparation of environmental assessments (EAs), Nation Wide Permit Applications / Pre-Construction Notifications (PCN), Aquatic resources Delineation Reports, development of mitigation strategies; consultation and coordination with the USACE, U.S. Fish and Wildlife Service (USFWS) and state agencies; field surveys; and aquatic resources mapping. Mr. Hope has represented clients in numerous permit applications for Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act through U.S. Army Corps of Engineers and U.S. Environmental Protection Agency.
Written By
Erica Gaddis
Senior Water Resources Technical Director
Russell Waldron
Senior Natural Resources Team Lead
Marcus Hope
Lead Wetland Scientist
Posted
September 5, 2023
Share
The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) announced an amended rule on August 29, 2023, defining waters of the United States (WOTUS) that conforms with the U.S. Supreme Court’s decision in Sackett v. EPA issued on May 25, 2023.
As stated in EPA’s factsheet, the amended rule:
removes the significant nexus test from consideration when identifying tributaries and other waters as federally protected. It also revises the adjacency test when identifying federally jurisdictional wetlands, clarifies that interstate wetlands do not fall within the interstate waters category, and clarifies the types of features that can be considered under the “additional waters” category.
The definition of WOTUS has been debated since the adoption of the Clean Water Act (CWA) in 1972. Over several decades, regulatory agencies and courts, including the U.S. Supreme Court, have made numerous efforts to interpret the jurisdictional reach of WOTUS under the CWA. The conforming rule will become effective upon publication in the Federal Register. Updates to the rule status are available here: Rule Status and Litigation Update page. The EPA will offer additional information through a recorded webinar on September 12, 2023.
SWCA Can Help
If your project has the potential to impact aquatic resources (e.g., wetlands, streams, lakes, etc.) it is important to consider not only the federal jurisdictional status of the aquatic resources in question but also state and local regulations. Many states and localities across the United States have state regulations that are implemented in addition to CWA regulations. These regulations may require additional permitting and or physical setbacks from aquatic resources.
For more information, you can read the amended rule at EPA.gov. If you have questions about how this decision affects your project, please reach out to your SWCA project manager.
