Trump Administration Working To Repeal And Replace The Clean Water Rule

Wetlands in front of the Lincoln Memorial, 1917, before construction of the reflecting pool

On February 28, 2017, President Trump signed an executive order directing EPA to review the "Waters of the United States Rule" (the "WOTUS" Rule). Exec. Order No. 13778, 82 Fed. Reg. 12497 (Feb. 28, 2017). The order directed EPA and the Army Corps of Engineers (the "Agencies") to "rescind or revise" the final WOTUS Rule promulgated by the Obama administration defining the jurisdictional scope of waters of the United States. See 80 Fed. Reg. 37054 (June 29, 2015); see also Vol. XLVIII, No. 2 of this Newsletter (describing the WOTUS Rule).

The executive order directed the Agencies to review the WOTUS Rule for consistency with the following policy statement: "It is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for