Final Rule: The Navigable Waters Protection Rule
The final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023, and took effect on March 20, 2023. The Rule is operative in all jurisdictions of the United States except Idaho and Texas. The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the rule is available here. Please visit the Rule Status page for additional information about the status of the rule and litigation.
On April 21, 2020, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published the Navigable Waters Protection Rule to define “Waters of the United States” in the Federal Register. The 2020 NWPR was vacated by two district courts and replaced in the Code of Federal Regulations by the 2023 rule. The 2020 NWPR is not in effect, and the materials below are provided for informational purposes.