Tag: waters of the United States

Next Steps for WOTUS

On August 5, 2021, the EPA and the U.S. Department of the Army announced upcoming community engagement opportunities for public input into their efforts to revise the “waters of the United States” (WOTUS) definition. Redefining WOTUS is a two-part process for the agencies. The first rulemaking will restore the WOTUS definition to the version in […]

Navajo Nation Sees Relief in Lawsuit Over Navigable Waters Definition

New Mexico is known as the “Land of Enchantment,” but it is also a state without a lot of bodies of water. When the Trump administration changed the “navigable waters” definition to include only waters that flowed year-round, both New Mexico and Arizona were particularly hard hit, as the majority of their waterways don’t have […]

WOTUS river

WOTUS Definition Repealed

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 […]

Wisconsin farm, Waters of the United States (WOTUS)

WOTUS Rulemaking: Farmers Are a Captive Audience

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 […]

Reasons for WOTUS Repeal Explained in Supplemental Proposal

In a Supplemental Notice of Proposed Rulemaking (Supplemental Proposal), the EPA and Army Corps of Engineers (Corps) note that their July 27, 2017, notice of proposed rulemaking (NPRM) to repeal the Obama administration’s 2015 Clean Water Rule defining the Clean Water Act (CWA) term Waters of the United States (WOTUS) prompted 685,000 public comments both […]

In Groundwater Debate, Stakeholders Take Sides

In February 2018, the EPA requested public comment on whether the Agency should continue to abide by its “previous statements” regarding whether point source pollutant discharges to groundwater are subject to regulation under the Clean Water Act (CWA) if the groundwater has a hydrologic connection to Waters of the United States (WOTUS) or waters that […]

States Argue Jurisdiction in WOTUS Case

Industry and many states are asking the U.S. Supreme Court to decide a critical jurisdictional matter related to the Clean Water Rule ((CWR), June 29, 2015, Federal Register (FR) promulgated by the EPA and the U.S. Army Corps of Engineers (Corps). More commonly called the waters of the United States (WOTUS) rule, the action provided […]