WOTUS Explainer

“Waters of the United States,” or WOTUS, is a jargon-y term describing the extent of the federal protections of wetlands, streams, rivers, and lakes across the US under the Clean Water Act (CWA). The Supreme Court (SCOTUS) will hear Sackett v EPA on October 3rd to rule on what constitutes WOTUS. This case could have huge implications for the public, the regulated community, and the restoration economy - a little-known sector that employs 126,000 across the US in activities like the restoration and mitigation required under the CWA.

This explainer provides background on WOTUS, Sackett v EPA, potential scenarios, effects on aquatic resources, results of an analysis on Section 404 permitting, a high level review of state wetland law, and commentary on the impact on the restoration economy.