The EPA’s Recent WOTUS Proposal Continues the Death Knell for the Clean Water Rule (2015)

The 2015 Clean Water Rule, also known as the Waters of the United States (WOTUS) rule, suffered another blow last week as the Environmental Protection Agency and the US Army Corps of Engineers released a new proposed definition of covered waters to replace the Obama administration’s controversial regulation, and opened a 60 day period for public comment. As we’ve previously reported, litigation throughout the United States has left a patchwork quilt of states where the WOTUS rule remained in effect.
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Battles Over Suspension of the Clean Water Rule Leave 23 States Under its Guidance

In the last year, we’ve reported several times on the implementation and interpretation of the Clean Water Rule. The 2015 Clean Water Rule, or Waters of the United States (WOTUS) rule, attempted to more clearly define which bodies of water fall under United States federal jurisdiction and are covered under the 1972 Clean Water Act (CWA). It expanded protection to some tributaries, streams, and wetlands that lead to the “navigable waters” traditionally protected under the CWA. Critics argue that in effect, the WOTUS
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