Tag: WOTUS

The Navigable Waters Rule and Subsurface Flows

According to the U.S. Army Corps of Engineers, the Navigable Waters Rule (NWR), issued by the Corps and the EPA, will effectively remove 51% of the Corps’s mapped wetlands from federal jurisdiction under the Clean Water Act (CWA). Much of that eliminated inventory was subject to federal protection under the Obama administration’s 2015 Clean Water […]

EPA sign

Motivation, Legality of Memo to EPA Science Advisory Board Questioned by House Leader

Concerns about instructions in a draft memorandum from EPA Administrator Andrew Wheeler about which proposed documents the Agency’s Science Advisory Board (SAB) reviews were raised in a letter Rep. Eddie Bernice Johnson (TX-D) sent to Wheeler. According to Johnson, the draft memo directed that the chair of the SAB, “in consultation with EPA,” would determine […]

Details on the New WOTUS Definition

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.

EPA, Environmental Protection Agency

EPA Issues (De-)Regulatory Agenda, Priorities for 2020

The EPA’s commitment to regulatory reform through deregulation is evident in the Agency’s latest Regulatory Agenda. The 145 entries on the Agency’s Fall 2019 Rule List include 56 actions that are expected to be deregulatory; these actions follow the 47 deregulatory amendments the EPA says it has already finalized under President Donald Trump.

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WOTUS Definition Repealed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 […]

Stormwater Stumbles: Costly Citations Persist for Monitoring and Training

During the first half of 2019, the U.S. Environmental Protection Agency’s (EPA) enforcement record has proven that the more things change, the more they stay the same. Despite shifting priorities and upheaval regarding the scope of the Agency’s jurisdiction over waters of the United States (WOTUS), the EPA has quietly continued to issue hefty fines […]

EPA Headquarters

The Patchwork of Regulations Surrounding Environmental Compliance

For those who prefer to read rather than listen, check out this transcript of a recent episode of our EHS on Tap podcast, wherein we’re talking with Ian Cohen, Product Marketing Manager for Cority’s Safety, Environmental, and Sustainability Solutions, about the complex array of federal and state environmental regulations (and deregulations) shaping today’s compliance landscape.