EPA, Army issue final rule repealing “Waters of the United States”

Restores regulatory text that existed prior to 2015 rule

Posted October 25, 2019

EPA and the Department of the Army published a final rule October 22 to repeal the 2015 Clean Water Rule: Definition of “Waters of the United States (WOTUS),” and to recodify the regulatory definitions of WOTUS that existed prior to the effective date of the 2015 rule.

The Agencies say the pre-existing regulatory definitions are the ones that they are currently implementing in more than half the states in light of various judicial decisions involving the 2015 rule.

The final rule takes effect December 23, 2019.

EPA and the Army also are reviewing comments received on a proposed revised definition of WOTUS. If finalized, the revised definition would replace the regulations that are being finalized in the October 22 rule.

This article was written by Rachel Krubsack of J. J. Keller & Associates, Inc.

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