Lisa M. Bruderly of Babst Calland Clements & Zomnir Definition of 'Waters of the United States' Changes Abruptly, With More Changes to Follow
The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced, on Sept. 3, that they would no longer implement the then-current definition of "waters of the United States" (WOTUS) effective immediately.
October 07, 2021 at 01:26 PM
5 minute read
The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced, on Sept. 3, that they would no longer implement the then-current definition of "waters of the United States" (WOTUS) effective immediately. Instead, they have reverted back to the pre-2015 permitting regime, relying upon the 1986 definition of WOTUS, as interpreted by the Corps and the EPA in guidance documents issued following two seminal U.S. Supreme Court opinions. The EPA and the Corps are applying this change in the WOTUS definition nationwide. The switch follows an Aug. 30 order from the U.S. District Court for the District of Arizona, which remanded and vacated the definition of WOTUS promulgated by the Trump administration in 2020 (commonly referred to as the Navigable Waters Protection Rule (NWPR)) in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency.
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