ND Leadership Uniformly Condemn Federal Revision of WOTUS Definition

The EPA in conjunction with the U.S. Army Corp of Engineers published the final “Revised Definition of the Waters of the United States” (WOTUS) on Wednesday. The definition will be effective March 20, 2023.

It’s a significant action that greatly expands the scope of federal jurisdiction to all those areas captured under the new definition, especially those laws and legal actions derived from the Clean Water Act. You can read the full federal register publication here.

The EPA’s news release on the publication of the rule states, “The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.”

There is currently an active U.S. Supreme Court case on the matter. North Dakota’s leadership has uniformly condemned the new definition, describing it as federal overreach that will have negative impacts on the state’s agricultural industry. Read their comments below.