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02/15/2019

EPA Proposes New WOTUS Rule to Clarify Clean Water Act's Scope

The WOTUS definition determines which bodies of water are under the jurisdiction of EPA and the Army Corps of Engineers, i.e., which waters are subject to requirements for Spill Prevention Control and Countermeasure (SPCC)...

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11/19/2018

Where is EPA’s 2015 WOTUS Rule in Effect Now?

The hotly contested 2015 Waters of the United States Rule essentially expanded EPA’s authority to regulate rivers, lakes, and other bodies of water under the Clean Water Act. 

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10/09/2018

EPA's WOTUS Replacement On the Way

A parallel WOTUS rulemaking—which will restore the Clean Water Act definition of “Waters of the United States” to its pre-2015 form—is slated for November 2018.

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09/17/2018

Texas vs. EPA Decision Halts 2015 WOTUS Rule in 3 States

In a recently wrapped-up court case, Texas vs. EPA, a Texas District Court judge decided last week to halt implementation of the new Clean Water Act requirements in three states: Texas, Louisiana, and Mississippi.

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08/20/2018

District Court Revives 2015 WOTUS Rule in 26 States

Just when you thought it was safe to go back in the water… A US district court in South Carolina has invalidated EPA’s effort to delay by two years the effective date of a 2015 Waters of the United States (WOTUS) Final Rule. The Charleston, SC court ruled that EPA and the Army Corps of Engineers failed to follow the provisions of the Administrative Procedure Act when it delayed the rule.  

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07/16/2018

EPA Clarifies Its WOTUS Repeal Rule

The US Army Corps of Engineers (COE) and US EPA issued a supplemental notice of proposed rulemaking on July 12, 2018 to provide regulatory support and clarification regarding the Agencies’ 2017 proposal to repeal changes made to the definition of “Waters of the United States” (WOTUS) under the previous administration in 2015.  

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01/25/2018

Supremes Relegate WOTUS Argument to District Courts

This week, the US Supreme Court decided unanimously not to take up a challenge to EPA’s 2015 Waters of the United States, or WOTUS, Final Rule. The Court held that challenges to the Final Rule—which expanded the Agency’s authority to enforce the Clean Water Act by more broadly interpreting the term “navigable waters”—must be brought in district courts and not circuit appeals courts, where this case originated.    

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11/22/2017

EPA and Army Push Back "Waters of the US" Applicability by 2 Years

US EPA and the Army Corps of Engineers have proposed adding an applicability date to the much-debated 2015 Waters of the United States (WOTUS) Final Rule. The Final Rule, still stayed nationwide by court order and now under consideration by the Supreme Court, expanded the scope of the Clean Water Act to address discharges to bodies of water not previously covered.  

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08/28/2017

Spring 2017 Unified Regulatory Agenda Released

Last week, the Federal government released its semiannual update on regulatory actions to be finalized, proposed, or withdrawn in the coming months. Officially titled the “Current Unified Agenda of Regulatory and Deregulatory Actions” and released twice per year, the report looks a little different this time around.   

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08/25/2017

EPA Extends Comment Period on WOTUS Rule Recodification

US EPA this week extended the public comment period for its proposed rule to recodify the definition of Waters of the United States (WOTUS). A key element of the Clean Water Act, the WOTUS definition expanded by US EPA and the Army Corps of Engineers in 2015.  

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