On Aug. 29, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of "waters of the United States" to conform with the recent Supreme Court decision in Sackett v. EPA.

The American Road & Transportation Builders Association (ARTBA) and the Associated Builders and Contractors (ABC) have issued the statements about the final rule:

American Road & Transportation Builders Association

"After eight years of litigation, five contradictory regulatory actions spanning three administrations, hundreds of thousands of public comments and one Supreme Court decision, EPA's rule spurns the opportunity to deliver a lasting solution to protect the nation's wetlands and brazenly hands this responsibility back to the courts," said ARTBA President and CEO Dave Bauer.

"We are back to square one."

Associated Builders and Contractors

"Unfortunately, these revisions fail to fully implement the U.S. Supreme Court's ruling in Sackett v. Environmental Protection Agency, which placed clear boundaries on the scope of the federal government's authority while maintaining reasonable environmental protections for America's waterways," said Vice President of Regulatory, Labor and State Affairs Ben Brubeck.

"Instead, this rule, issued without meaningful opportunities for input from the construction industry and other stakeholders, will contribute to continued regulatory uncertainty and unnecessary delays for critical infrastructure projects across the nation. ABC urges the Biden administration to issue broader revisions to WOTUS in full compliance with the Supreme Court's decision."