Shortly after the decision, EPA released a statement that it would interpret WOTUS consistently with the ruling in Sackett. Later, it announced it would issue a final rule by Sept. 1 to bring its 2023 WOTUS rule in line with the new decision.
The Waters Advocacy Coalition, which represents 45 groups including the American Farm Bureau Federation, major commodity and other business, energy and mining associations, disagrees, issuing a statement criticizing that approach by EPA and the U.S. Army Corps of Engineers, which also is charged with administering the Clean Water Act.
“EPA and the Corps have stated they intend to issue a final rule by Sept. 1 that amends the Biden WOTUS rule to ensure consistency with the decision in Sackett,” the statement said. “Based on this truncated rulemaking timeline, it appears the agencies will forego public comment and simply strike language from the rule related to the significant nexus test and the definition of adjacent, while reinforcing the Agencies’ interpretation of the ‘relatively permanent’ test set forth in the preamble.”