Legal Alert: Update on "Waters of the United States Rule"
Based on a review of the 2020 Navigable Waters Protection Rule (NWPR), on June 9, 2021, the U.S. EPA and the U.S. Army Corps of Engineers announced their intent to revise the definition of “Waters of the United States” WOTUS under the federal Clean Water Act “to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth.” Much like the story of Goldilocks and the Three Bears, the EPA and Army Corps will undertake to revise the NWPR to ensure it is not too broad (2015 WOTUS Rule under President Obama) and not too narrow (2020 NWPR under President Trump). The WOTUS Rule has been subject to frequent litigation, rule-making, and public debate since amendment of the Clean Water Act in 1972.
In the interim, the NWPR is still in effect until a new, revised final WOTUS Rule is adopted.
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