Final WOTUS Rule Announced


The EPA and Army Corps of Engineers announced the latest attempt to define the waters of the United States (WOTUS) under the Clean Water Act.  The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters.  According to the agencies, the new rule would allow for updates: “The rule returns to a reasonable and familiar framework founded on the pre-2015 definition with updates to reflect existing Supreme Court decisions, the latest science, and the agencies’ technical expertise. It establishes limits that appropriately draw the boundary of waters subject to federal protection.”


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