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 rule greatly …
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