On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”). Although the rule is set to take effect March 20, 2023, the looming U.S. Supreme Court decision in Michael Sackett, et ux v. EPA, et al., Docket No. 21-454(2022) could establish additional legal precedent as to what constitutes WOTUS and could enable further legal challenges to the rule. If the rule goes into effect, it would broaden the types of water bodies subject to CWA regulation, while providing some clarity with regard to some newly excluded water features.
Karin Jacoby
With a unique combination of engineering acumen and legal savvy, Karin advances the interests of communities, companies, owners and operators that confront flood, water supply and stormwater management challenges.
She is effective at building consensus among stakeholders with diverse interests and interacting effectively with national policy-makers. When advising on water resource matters, Karin offers an integrated approach that coordinates across geographic and agency boundaries, evaluating opportunities and potential effects from a system perspective.
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