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. On August 29, 2023, the agencies issued a final rule amending the Code of Federal Regulations to conform the January 2023 Rule’s definition of “waters of the United States” to the Supreme Court decision in Sackett v. Environmental Protection Agency. The conforming rule amends the provisions of the agencies’ definition of “waters of the United States” in the January 2023 Rule that are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. The conforming rule, “Revised Definition of ‘Waters of the United States’; Conforming,” became effective on September 8, 2023 upon publication in the Federal Register. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. More information about current implementation of the definition of "waters of the United States" is available here.
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 has been replaced in the Code of Federal Regulations by the January 2023 Rule, as amended by the conforming rule. The 2020 NWPR is not in effect, and the materials below are provided for informational purposes.