EPA and Army Corps Release Final WOTUS Rule

The EPA and Army Corp. of Engineers have announced a final rule amending their definition of the “waters of the United States” (“WOTUS”) in response to a Supreme Court decision handed down earlier this year that the agencies had overstepped their authority.  While the agencies are purporting to follow the court’s direction, EPA has been vocal that it does not agree with the Supreme Court ruling. Despite both organizations claiming to adhere to the decision of the Supreme Court, the decision is drawing criticism.  House Agriculture Committee Chairman GT Thompson (R-PA) issued a statement that “EPA’s bureaucratic sleight-of-hand circumventing the rulemaking process leaves the door open to agency abuse and regulatory and legal uncertainty for American agriculture.” The National Association of State Departments of Agriculture (NASDA) stated that the rules do little to incorporate the issues and questions raised by the court in accordance to the waters of the United States.