WOTUS War Surges Forward As EPA Announces Repeal of 2015 Rule

Last week, the United States Environmental Protection Agency’s (EPA) Administrator, Andrew R. Wheeler, signed a rule for publication that would repeal the 2015 Clean Water rule, also known as the Waters of the United States (WOTUS) rule.  The 2015 WOTUS rule allowed for a significant extension of the reach of the Clean Water Act (CWA) by expanding the definition of “waters of the United States” to include waters such as headwaters, wetlands, and streams. The 2015 rule interpreted the CWA to cover these waters reasoning that they require protection “in order to restore and
Continue reading...

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.
Continue reading...