WOTUS Archives

Aug 3, 2023

EPA Criticized for Slow Response to WOTUS Ruling

The EPA is facing heavy criticism from Republican lawmakers, states, and industry groups for its “slow response” to the Supreme Court’s Ruling in Sackett v. EPA. After the ruling, which set out parameters for defining “waters of the United States,” the Army Corps of Engineers has ceased issuing jurisdictional determinations, which effectively halts the issuance of new 404 Permits. Industry groups have urged the EPA to issue an emergency rule in keeping with the Sackett decision on an expedited basis in order to allow the Corps to resume issuance of jurisdictional determinations. The Biden administration, however, appears to be keeping… Read more

Mar 4, 2020

EPA’s Science Advisory Board Criticizes Rules Defining WOTUS

EPA’s Science Advisory Board (“SAB”) is reiterating its criticism of the EPA’s new Waters of the United States (“WOTUS”) rule claiming that the new rule fails to incorporate current science in its definition. The SAB notes in its commentary that the revised definition decreases protection for our nation’s waters, without providing a scientific basis in support of its restriction. The SAB criticism points out that the EPA and the Corps. finalized the new WOTUS after the SAB had finalized its commentary, but before it had been transmitted to either agency. For more information, contact Andy Thompson or Phillip Hoover.

Jun 5, 2019

Federal Judge Blocks Obama Administration Wetlands, Waters Rule

The U.S. District Court for the Southern District of Texas ruled on May 28, 2019, that the Obama administration erred when it crafted the Waters of the U.S. (“WOTUS”) regulation. The court found that the final version of WOTUS rule deviated too far from a previous draft version which deprived the public of an opportunity to submit public comment on the final rule. The ruling makes final a preliminary injunction issued last year blocking implementation of the 2015 rule. The injunction applies to Texas, Lousiana, and Mississippi. It is unlikely that the procedural error noted by the District Court will… Read more