Biden Administration to Revisit Water Rule in Light of Supreme Court Ruling

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In testimony on June 22, the U.S. Army Corps of Engineers announced plans to revise “expeditiously” the 2023 waters of the United States (WOTUS) Rule---hinting that the administration will skip the proposed rule stage and instead promulgate a final rule.

It is unclear whether the agencies will provide for public comment. The Corps also publicly acknowledged the hold on approved jurisdictional determinations (AJD) that members and project owners have reported nationwide. The agencies intend to hold back on issuing AJDs until after the final rule is released—the full extent of the hold is not clear. 

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