WOTUS Woes – Federal Judge Remands Obama-Era CWA Rule

Last week, a federal district judge in Texas remanded the Obama-era Waters of the United States rule to the EPA and U.S. Army Corps of Engineers (US ACE), citing the agencies’ failure to use proper procedure when publishing the rule. ​The 2015 rule, generally referred to as WOTUS, allowed for a drastic increase to the reach of the Clean Water Act (CWA), in part, by defining “waters of the United States” to include waters adjacent to waters that had traditionally been considered covered by the CWA.
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Clean Water Rule Update — The EPA Postpones Effective Date of WOTUS

The Clean Water Act (CWA) establishes a structure for regulating discharges of pollutants into the waters of the United States and regulates quality standards for surface waters. In May 2015, the EPA and the U.S. Army Corps of Engineers announced the Clean Water Rule (the Rule or WOTUS), hoping to clarify the reach of the elusive phrase “waters of the United States” — the bodies of water protected under the CWA. When the Rule passed in 2015, developers, farmers, and
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Woe is Me: EPA Seeks Help Defining WOTUS

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACE) are seeking recommendations from stakeholders and the public in their effort to revise the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). The definition and interpretation of WOTUS is critical as it defines the federal government’s regulatory reach (and limits) when it comes to the country’s waterways. On February 28, 2017, President Trump signed an executive order that directed EPA to
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