Update April 13, 2023: 

The U.S. District Court for the District of North Dakota enjoined the 2023 WOTUS Rule in 24 states, adding to the 2-state injunction ordered by a Texas court several weeks ago. The rule is now enjoined in over half the country, including Kansas. In the states where the 2023 rule has been enjoined, the EPA and Army Corps have indicated they will enforce the Clean Water Act under the pre-2015 "waters of the United States" framework. You can read the Order here. Additional updates on the status of the rule can be found on the EPA website here.


Late 2022, EPA and the Army Corps announced that they had finalized their revision of the rule that defines WOTUS. The final rule was published in the Federal Register on January 18, 2023, and is set to become effective on March 20, 2023. AFBF has joined other industry and business groups to file a lawsuit to challenge the rule for overreach, seeking declaratory and injunctive relief. Of particular concern is the decision to continue the significant nexus test, creating more complicated regulations that will cause uncertainty on large areas of private farmland located miles from the nearest navigable water.

The new rule comes as AFBF and others await a decision from a case pending before the Supreme Court: Sackett v. EPA, related to a former version of the rule.

EPA and the Army Corps have issued a Fact Sheet for the Agricultural Community to provide guidance on the final rule.