EPA Finalizes New WOTUS Rule

By: Joseph Garza

Federal agencies take actions to clarify conflicting legal standards set by the Supreme Court that have divided Circuit Courts for decades. The ongoing legal question regarding the definition of a “Water of the United States” (“WOTUS”) in the context of Clean Water Act (“CWA”) enforcement and implementation may seemingly have been answered. On January 18, 2023, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) announced the finalization of the “Revised Definition of the WOTUS” rule (the “New Rule”).[i] EPA’s hope in promulgating the New Rule is to solve confusion caused by Rapanos v. U.S. The definition of a WOTUS is crucial to CWA practice because it determines the scope of the CWA’s reach. Only a WOTUS will receive the CWA’s protections. It is crucial for all who work with the CWA to have a clear understanding of the definition of WOTUS.

Copi, The Fish Formally Known as Asian Carp; a Rebranding to Save the Great Lakes

To protect the Great Lakes from Asian Carp, Illinois officials are turning to a strategy struggling artists have used for decades, a rebrand. [1] The Illinois Department of Natural Resources hired local Chicago Communication Studio, Span, with the crisis focused rebrand. [2] Asian Carp is an invasive species and poses substantial harm to Lake Michigan’s ecosystem, which provides drinking water for over half of the state of Illinois.[3] In its rebranding campaign, Span highlighted the truths about Asian carp, including how Asian Carp is the second healthiest fish in the world. In fact, the truth about Asian Carp’s copious and invasive nature inspired the new name, Copi.[4]

Chicago-Kent Journal of Environmental and Energy Law

Tag: Mississippi River