environmental Practice Area

WOTUS Rule Rescinded

WOTUS Rule Rescinded

On March 6, 2017, the U.S. Army Corps of Engineers (“Army Corps”) and the U.S. Environmental Protection Agency (“USEPA”) officially announced their intention to rescind or revise a final rule defining “waters of the United States” under the Clean Water Act. The 2015 Clean Water Rule defined “waters of the United States” as those having a “significant nexus” with “navigable waters,” thereby including upstream and adjacent waters not navigable-in-fact under the jurisdiction of the Army Corps and USEPA. The highly controversial rule was challenged by 31 states, and on February 28, 2017, President Trump issued an Executive Order directing the agencies to rescind or revise the rule. The agencies Notice of Intent implementing the Order was published in the Federal Register on March 6th.

Read more about the WOTUS Rule executive order. 

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