EPA, Army Corps Finalizes Repeal of Obama WOTUS Rule

On Sept. 12, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) finalized a rule to repeal the 2015 Clean Water Rule. The 2015 Rule aimed to clarify which waterbodies are federally regulated under the Clean Water Act (CWA) and define which waterbodies are considered a “waters of the

Continue reading

What Happens Now to the “Waters of the United States”?

In National Association of Manufacturers v. Department of Defense the Supreme Court held unanimously that a legal challenge to the definition of “waters of the United States” (WOTUS) must begin in a federal district court not a federal court of appeals. What this ruling means for the 2015 WOTUS definitional rule is unclear. As Justice

Continue reading