As of March 12th, 2025, the Environmental Protection Agency (EPA) and the Army Corps of Engineers released a new Memorandum that provides clarity and guidance on the term “continuous surface connection” as related to the definition of Waters of the United States (WOTUS) under the Clean Water Act (CWA). The Memorandum adds new limitations on the EPA’s enforcement abilities and revises older policies and interpretations. The EPA and the Army Corp of Engineers are stepping back from previous interpretations that allowed jurisdiction over wetlands with connections through “discrete features” not natural connectivity. Now, wetlands that are not directly connected to Read More »