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ARTICLE · 01 FEBRUARY 2023

EPA And US Army Corps Of Engineers Publish Final WOTUS Rule

Taft, Stettinius & Hollister LLP
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Knowing when Clean Water Act permitting is required is a question for the ages that has wreaked havoc on many projects in the decades since EPA first attempted to define the term "waters of the United States,"...

United StatesEnvironment
Clayton Smith
Clayton Smith
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Knowing when Clean Water Act permitting is required is a question for the ages that has wreaked havoc on many projects in the decades since EPA first attempted to define the term "waters of the United States," also known as "WOTUS." Since the 1970s, this definition has been the subject of great controversy, with three U.S. Supreme Court cases, the Obama administration, the Trump administration, and the Biden administration all attempting to craft definitions that capture the extent of federal authority over navigable waters.

The never-ending saga of defining WOTUS continues, as on Jan. 18, 2023, EPA and the U.S. Army Corps of Engineers published a final WOTUS rule in the Federal Register based on the pre-2015 definition. The new rule will become effective on March 20, 2023.

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