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The EPA and the Department of the Army Corps of Engineers (Corps) posted proposed updates to the definition of waters of the United States (WOTUS) in the Federal Register on December 7, 2021. The proposed rule would define WOTUS as: Traditional navigable waters, interstate waters, and the territorial seas and their adjacent wetlands; Most impoundments […]
On January 13, 2021, the U.S. Army Corps of Engineers (USACE) announced publication in the Federal Register of its final rule for revisions and renewals to Nationwide Permits (NWPs). The USACE “reissued 12 and issued four new (NWPs) for work in wetlands and other waters that are regulated by Section 404 of the Clean Water […]
Attempts by the Menominee Indian Tribe of Wisconsin to invalidate a Clean Water Act (CWA) Section 404 (dredge and fill) permit the Michigan Department of Environmental Quality (MDEQ) granted Aquila Resources Inc. for a mining project on a portion of the Menominee River were unsuccessful in both a federal district court and the U.S. Court […]
Tributary is a key term in the EPA/Army Corps of Engineers’ recent Waters of the United States (WOTUS) rule, just as it was in the 2015 WOTUS rule the newer rule replaced.
In their just-released final rule, the EPA and Army Corps of Engineers (EPA/Corps) provide a definition of the Clean Water Act (CWA) term Waters of the United States (WOTUS) that, the agencies say, is based in the commerce clause of the Constitution.
Effective 60 days after its publication in the Federal Register, the EPA/Army Corps of Engineers’ (EPA/Corps) final rule repealing the Obama administration’s 2015 Clean Water Rule formally concludes Step 1, the first of two steps to ensure that the states exercise majority control over their water resources. The final rule removes the complex definition of […]
In their Spring 2019 Regulatory Agendas, the EPA and the U.S. Army Corps of Engineers (Corps) indicated they are aiming for December 2019 to issue their final revised definition of Waters of the United States (WOTUS). The revised definition of WOTUS is intended to provide clarity to farmers and other members on the regulated community […]
With the release of their proposed redefinition of the Clean Water Act (CWA) term waters of the United States (WOTUS), the EPA and the Army Corps of Engineers are, technically at least, midway in their journey toward replacing the Obama administration’s 2015 WOTUS definition. The prepublication version of the proposal is available here.
Judge David C. Norton of the U.S. District Court for South Carolina upended the Trump administration’s careful plans to eliminate and replace the Obama administration’s Clean Water Rule by issuing an injunction against the EPA and Army Corps of Engineers’ (Corps) “Suspension Rule” that delayed the effective date of the Clean Water Rule for 2 […]
The current administration’s two-part rulemaking to first rescind and then replace the prior administration’s Clean Water Rule to define the Clean Water Act (CWA) term Waters of the United States ((WOTUS rule), June 29, 2015, Federal Register (FR)) derives from two positions.