Federal Judge Vacates Major Clean Water Act Regulation
The Navigable Waters Protection Rule (NWPR)—which EPA is already working to replace-- “rolled back” regulatory changes made in 2015. The 2015 revisions broadened EPA’s jurisdiction by re-defining the term Waters of the United States (WOTUS) to encompass more of the nation’s wetlands, marshes, streams, and other waters.
In the decision to vacate and remand the 2020 NWPR, the Arizona judge expressed concern that the rule failed to adequately protect the nation’s waters. The Rule’s “fundamental, substantive flaws,” the judge wrote, “cannot be cured without revising or replacing the NWPR’s definition of ‘Waters of the United States.’”
An appeal is likely. Some stakeholders argue that vacating the NWPR returns the regulated community to the state of confusion that prompted the decades-long legal argument still playing out today.
As regulators work to replace the NWPR and more clearly define WOTUS (again), EPA will enforce pre-2015 Clean Water Act protections that date back to 1986.
The 2015 WOTUS Rule weathered its own set of legal challenges—being blocked in some states, delayed and un-delayed, blocked nationwide, and ultimately repealed by EPA in 2019.
Complete EPA Regulations Training
If you’re new to the EH&S field or need an update on changing EPA rules, Lion's live webinars are a convenient way to quickly build up critical expertise.
On December 1 & 2, join Lion for live Complete Environmental Regulations training to identify the EPA rules that impact you. This instructor-led two-day webinar is updated to cover new and changing environmental regulations you should know about, including:
- Latest on EPA's new Waters of the US (WOTUS) Rule
- Major Lautenberg Law amendments to TSCA
- CSB's new chemical release reporting rule
- The latest Clean Air Act requirements for facilities
Save your seat now
Or learn at your own pace with these two easy-to-use online courses:
Complete Environmental Regulations Online
Clean Water Act & SDWA Regulations Online
Final Rule Alert: 2015 WOTUS Rule Repealed (October 2019)
EPA Re-defines Waters of the United States (June 2015)
Tags: Clean Water Act, environmental compliance, NPDES permit, WOTUS
Find a Post
Recent Posts
Compliance Archives
Download Our Latest Whitepaper
Get to know the top 5 changes to OSHA’s revised GHS Hazard Communication Standard at 29 CFR 1910.1200 and how the updates impacts employee safety at your facility.
By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.