Breaking news:
On April 12, 2023, the U.S. District Court for the District of North Dakota issued an order preliminarily enjoining the 2023 “Revised definition of ‘waters of the United States’” rule (2023 Rule) in the below 24 additional states. News of the decision was unfolding as WSSI hosted federal and state discussions in our Regulatory Updates Webinar on April 12. The US Environmental Protection Agency and US Army Corps of Engineers are still reviewing the order and their options. In light of the preliminary injunctions, the agencies are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime in the 26 affected States until further notice. The order does not affect implementation of the 2023 Rule in any other states or territories. The regulations are prohibited from use in a total of 26 states. On March 19, 2023 a U.S. District Court in the Southern District of Texas issued a preliminary injunction temporarily halting enactment of the same regulation in the states of Texas and Idaho.
Until further notice, the Corps will resume implementation of the pre-2015 regime in the 26 states listed below:
- Alabama
- Alaska
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Louisiana
- Mississippi
- Missouri
- Montana
- Nebraska
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming
The 2023 Rule remains in effect in all remaining states and territories.
Additional information will be provided as it becomes available.