In September, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers released two joint coordination memorandums on jurisdictional determinations 1) under the 2023 waters of the United States (WOTUS) rule (as amended in September) and 2) under the “pre-2015 regulatory regime” that is in effect in the 27 states where the Biden Administration’s rule is on hold. The memos outline similar processes for coordination, wherein EPA plays an active role. Neither memo provides insight on how the agencies will determine jurisdiction nor how they will implement the relatively permanent test.
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