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Wednesday, October 23, 2019

Repeal of Obama-Era WOTUS Rule Published

The rule to repeal the 2015 Waters of the U.S. (WOTUS) rule has been published in the Federal Register by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers.

The agencies said they were taking the action as they view the 2015 rule as not implementing legal limits on the scope of the agencies’ authority, the 2015 rule did not give Congress adequate weight in the process, that the 2015 rule and more. The final rule from the agencies indicates that the 2015 WOTUS rule will be replaced with the portions of law under the Clean Water Act that “existed before the amendments promulgated in the 2015 rule.”

The action will become effective December 23. EPA and the Corps are also continuing to work on a replacement for the 2015 WOTUS rule.