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WOTUS Revisited: EPA and Corps Propose to Refine “Relatively Permanent” and “Continuous Surface Connection”
On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers released a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act. This follows a November 2025 proposal that drew more than 220,000 comments and reflects the Agencies’ continued effort to align WOTUS with the Supreme Court’s 2023 Sackett v. EPA decision.
Agencies Rescind “Harm” Definition
On July 14, 2026, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a final rule to rescind the definition of “harm” from their Endangered Species Act (ESA) implementing regulations (Final Rule).
Agencies Rescind “Harm” Definition
Rebecca Hays Barho’s articles from Nossaman LLP are most popular: with readers working within the Environment & Waste Management industries Nossaman LLP are most popular: within Insurance, Tax and Consumer Protection topic(s) On July 14, 2026, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a final rule to rescind the definition of “harm” from their Endangered Species Act (ESA) implementing regulations (Final Rule).
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