The proposed rewrite of the waters of the U.S. (WOTUS) rule is on tap to be released in December, but it is not clear from the federal regulatory agenda just exactly when that will be finalized.The rule to clarify the scope of the Clean Water Act and repeal the Obama-era WOTUS rule could come in December, according to A listing in the Unified Agenda released by the Trump administration July 20.The process to replace WOTUS is a two-step effort. The first step came last month with the proposed rule to repeal the rule the Obama administration put in place. The next step would be to rewrite the rule and EPA has solicited inputs from state and local government officials in that effort.The WOTUS rule put in place by the Obama administration has yet to enter into force as it is tied up in court. The U.S. Supreme Court is set to hear oral arguments October 11 on whether jurisdiction for the court challenges lies in the district court or the appellate court.That court decision could be key even though it is not expected to wade into the merits of the Obama-era rule or the Trump administration's rewrite efforts. But the rewrite effort is likely to end up in court no matter what, so the Supreme Court decision will be key.
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