In a recent congressional hearing on the U.S. Army Corps of Engineers' (Corps) budget request for FY 2024, Michael Connor, assistant secretary of U.S. Army Civil Works, disclosed that the Corps and the EPA intend to employ a direct final rulemaking process for a new regulatory definition of WOTUS. This approach comes in response to the Supreme Court's Sackett ruling.

 
The direct final rule allows the new WOTUS rule to take effect soon after issuance if no adverse comments are received by the agencies. However, if there are adverse public comments, the traditional public notice-and-comment rulemaking process for the revised WOTUS definition will be pursued. While the specific details of the direct final WOTUS rule were not provided during the hearing, it is understood that the EPA and the Corps will develop a regulatory definition aligned with the Sackett ruling.

Reacting to this development, the National Association of Home Builders (NAHB) expressed its interest in the forthcoming rulemaking. The NAHB emphasized the need for a clear and consistent definition of WOTUS to avoid confusion and enable responsible land development.

As the Corps and EPA proceed with the direct final rule, public input and engagement will play a crucial role in shaping the future regulatory definition of WOTUS, ensuring both environmental protection and the facilitation of responsible economic development.

https://www.nahb.org/blog/2023/06/corps-official-signals-next-steps-in-wotus-rulemaking