Rebecca Hays Barho Discusses Biggest Environmental Regulatory Actions of 2023


Rebecca Hays Barho was quoted extensively in the Law360 article “The Biggest Environmental Regulatory Actions Of 2023.” The article provides an overview of significant developments that occurred in the environmental regulatory space in 2023.

Rebecca weighed in on the new Clean Water Act rule promulgated by the Environmental Protection Agency (EPA) and the U.S. Army Corp of Engineers in August 2023 revising the definition of “waters of the United States” (WOTUS) to conform with the decision of the U.S. Supreme Court in Sackett v. EPA.

Commenting on this development, Rebecca said, “The [WOTUS] rule was intended to conform the regulatory definition of WOTUS to the ruling in Sackett by making a number of changes, including: eliminating from CWA jurisdiction water features (whether wetlands or tributaries) that had previously qualified as WOTUS on the basis that they 'significantly affect the chemical, physical, or biological integrity of waters.’”

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