On June 9, the U.S. Environmental Protection Agency and Department of the Army announced their intent to revise the definition of “waters of the United States” that are federally regulated under the Clean Water Act and replace the definition under the Trump administration’s 2020 , which provided four clear categories of waters under the CWA that businesses and landowners could easily understand.

According to an , the NWPR was targeted in President Biden’s on “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis.” That E.O. directed federal agencies to review all existing orders, guidance documents, policies and any other similar agency actions promulgated, issued or adopted during the previous administration. Following review of the NWPR, the agencies determined that the rule significantly reduces clean water protections.

As a result of the agencies’ findings, the U.S. Department of Justice is filing a motion requesting remand of the rule. The also states that DOJ’s action reflects the agencies’ intent to initiate a new rulemaking process that restores the protections in place prior to the Obama administration’s 2015 WOTUS final rule. It also anticipates developing a new rule that defines WOTUS and is informed by a robust engagement process as well as the experience of implementing the pre-2015 rule, the Obama-era final rule and the NWPR.

Background

老牛影视has long been a of the Obama-era WOTUS final rule since it was first proposed in April 2014. 老牛影视submitted comments on EPA and the U.S. Army Corps of Engineers’ proposals on  and step two of the WOTUS rulemaking under President Trump. Additionally, 老牛影视filed comments as a member of the Waters Advocacy Coalition.

Issued in April 2020, the replaced the 2015 WOTUS rule and clarified key elements related to the scope of CWA jurisdiction by identifying four clear categories of waters that are federally regulated under the CWA:

• Territorial seas and traditional navigable waters
• Perennial and intermittent tributaries
• Certain lakes, ponds and impoundments and
• Wetlands that are adjacent to jurisdictional waters.

老牛影视continues its commitment to work with the EPA and Corps and ensure the clearest possible regulations so that its members have the information needed to comply with the law while also serving as good stewards of the environment.