President Donald Trump on February 28, 2017, issued an Executive Order directing review and revision or rescission of the “Clean Water Rule: Definition of ‘Waters of the United States,’” 80 Fed. Reg. 37054 (June 29, 2015). The Rule defines what “waters of the United States” are under the federal Clean Water Act for permitting purposes. Numerous states and other organizations had filed lawsuits challenging the Rule issued by the U.S. EPA during the President Obama administration and the Rule is currently stayed pending those legal challenges. Immediately following the Executive Order, the EPA and the Army Corps of Engineers provided notice of their intention to review the Rule, and in reviewing the Rule, the Executive Order directs the EPA and Army Corps to make revisions to the Rule in a manner consistent with Justice Scalia’s interpretation of the term “navigable waters” in Rapanos v. United States, 547 U.S. 715 (2006). For more information about the Waters of the U.S. Rule or the Clean Water Act, please contact Steve O’Day or Andy Thompson. For a copy of the Executive Order, click here.