On January 18, 2023, the Environmental Protection Agency and the Army Corps of Engineers issued a final rule revising the definition of “waters of the United States.” This definition, which determines which waters and features are regulated under the Clean Water Act (CWA), has been in flux for decades. Consequently, electric cooperatives and other impacted entities have faced significant uncertainty as they pursue projects that may require CWA permits. Although the Agencies have stated the rule will “reduce uncertainty” and “returns to a reasonable and familiar framework,” NRECA is concerned that the rule creates substantial regulatory uncertainty and will further complicate and slow permitting for electric infrastructure projects. The rule takes a broader approach and, in some circumstances, will require case-specific analysis to determine if certain waters are federally regulated. This webinar provided an overview of the rule and the potential impacts on cooperative projects and activities.
