On September 12, 2019, the EPA signed a final rule repealing the Obama-era 2015 Clean Water Rule, temporarily reinstating the pre-2015 regulatory framework for determining which bodies of water are considered “Waters of the United States” qualifying for federal anti-pollution protections under the Clean Water Act. The pre-2015 regulations are currently in place in more than half the states, due to litigation over the Obama era rule. According to EPA Administrator Andrew Wheeler, the Trump administration is working on a replacement WOTUS rule, which is expected to take effect next year. Both the repeal and the anticipated new rule are also expected to be challenged in court.
For more information regarding Waters of the United States or the Clean Water Act, contact Phillip Hoover or Vickie Rusek.