What do the final amendments to the Waters of the United States (WOTUS) rule mean?

When the new rule went into effect Sept. 8 to conform to the U.S. Supreme Court’s Sackett v. EPA decision, it eliminated the significant nexus standard with the deletion of the phrase “significantly affect” and the revision of the definition of “adjacent.” In doing so, the jurisdiction for certain tributaries, streams, and wetlands also changed.

However, the true impact lies here: The action does not impose enforceable duty on tribes, state, or local governments, meaning your state and local definition of “Waters of the State” may remain stricter than the federal definition.

In other environmental updates, we highlight the following in our Compliance News:

Pending GHG reporting requirement in California

If passed into law, California’s Climate Corporate Data Accountability Act would require companies with annual revenues of about $1B doing business in California to annually report on greenhouse gas emissions.

Underground storage tank tip

Under the Energy Policy Act, there are important operator designation, training, and recordkeeping requirements for facilities with underground storage tanks.

BC Insider: Inflation Reduction Act Top 5 funding tips

Did you miss the latest BC Insider? BC’s Energy National Specialty Leader Alison Nojima and Senior Principal Environmental Engineer DJ Wacker share their insights on the Inflation Reduction Act and how to successfully navigate eligibility requirements. Read it here.