EPA and Corps to Reinstate Slightly Tweaked Pre-2015 WOTUS Rule

On November 18, 2021, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively, Agencies) released a pre-publication version of a proposed rule to reinstate the pre-2015 definition of “waters of the United States” (“WOTUS”) that has been updated to reflect considerations of Supreme Court decisions.  According to the Agencies, this rule would remain in place “while the agencies continue to consult with states, Tribes, local governments, and a broad array of stakeholders in both the implementation of WOTUS and future regulatory actions.”

A copy of the pre-publication rule is available here.

If you have any questions about this proposed rule or when Clean Water Act permitting is triggered, please contact Jared Wigginton at jared@goodstewardlegal.com.