February 21, 2019

The Proposed Waters of the United States Rule: Changes in a Nutshell

Susan L. Stephens and Adam F. Blalock

The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (collectively, the Agencies) are currently accepting comments on a revised regulatory definition of “waters of the United States” (WOTUS) after publishing a notice of proposed rulemaking in the Federal Register on February 14, 2019.  This is the central term delineating the federal geographic scope of authority under the Clean Water Act (CWA). This article provides an overview of the revised WOTUS definition and discusses some of the key components of the proposed rule. The full text of the proposed rule as published in the Federal Register can be found here: https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states

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