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.