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Friday, July 28, 2017

The Environmental Protection Agency, U.S. Army and Army Corps of Engineers have proposed a rule to rescind the Clean Water Rule

The Environmental Protection Agency, U.S. Army and Army Corps of Engineers have proposed a rule to rescind the Clean Water Rule and re-codify the regulatory text that existed prior to 2015 defining "waters of the United States," the agencies said in a news release.The agencies’ intent to propose such a rule was announced in late June, but the actual publication was delayed. Now that it’s published, the 30-day comment period begins.Many fans of the WOTUS rule, including environmental groups, have complained that 30 days is not long enough to substantively weigh in on the implications of repealing the 2015 rule. Today’s proposal indicated the agencies “will engage in a substantive re-evaluation of the definition of ‘waters of the United States,’” the release said.“This is the first step in the two-step process to redefine 'waters of the U.S.,' and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent and collaborative with other agencies and the public," EPA Administrator Scott Pruitt is quoted as saying in the release.The newly proposed rule follows the Feb. 28 presidential executive order on "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The February order states that it is in the national interest to ensure that the nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution.The actual effect on operations of any changes to the regulations would be negligible; a legal stay on the 2015 rule meant that it barely went into effect in the first place.