On June 15th, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers sent a new “waters of the United States” (WOTUS) rule to the Office of Management and Budget (OMB) for interagency review. The definition of what waters are and are not included as WOTUS has vacillated since its inception. During the Obama Administration, a rule attempting to define WOTUS drew sharp criticism for overreaching and its lack of scientific support.
In the newly proposed rule, the agencies are clarifying the scope of ‘‘waters of the United States’’ that are protected under the Clean Water Act (CWA). The proposal is in line with a recent executive order which directed the agencies to rescind or review the 2015 WOTUS rule. The new rule is intended to give greater clarity to what is and isn’t included in the Agencies’ jurisdiction and has been welcomed by industry as a rollback on the previous, overreaching rule.
For more information about the proposed rule and the history of WOTUS jurisdiction, please visit: https://www.epa.gov/sites/production/files/2017-07/documents/2017-13997.pdf
For questions regarding this new rule, and how it might affect you, please contact GCCA Vice President of Government and Legal Affairs, Lowell Randel at firstname.lastname@example.org.