As expected, the Trump administration’s appeal of the Obama Clean Water Rule, which took effect on October 22, has already sparked a number of legal challenges. The bulk of the anticipated litigation is expected to come from environmental groups and democrat led states accusing the Environmental Protection Agency and the U.S. Army Corp. of Engineers of improperly narrowing the scope of the Clean Water Act. With the repeal of the Obama-Era rule, the definition of “Waters of the U.S.” revert back to the 1986 regulation which excludes most intermittent waterbodies. The Trump administration is expected to issue its own rule early next year.
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