Washington, D.C. (April 21, 2020) - On April
21, 2020, the Environmental Protection Agency (EPA) and U.S. Army
Corps of Engineers (Corps) finalized the Navigable Waters Protection Rule, which
defines "Waters of the United States" (WOTUS), effective
June 22, 2020. The rule seeks to create a bright line between
federally regulated "waters of the United States" and
those waters and wetlands that are subject to state and tribal
jurisdiction. By establishing clear categories of waters for
federal regulation, landowners, developers, and project proponents
will be able to decide for themselves whether a federal permit is
needed.
Long controversial in previous iterations, the rule is certain
to be challenged in several courts across the country, causing
potential disruption of the effective date in several states. Due
to this uncertainty, we recommend that project proponents should
check the status of the rule in the states where they are operating
before taking any actions
