EPA Proposes To Amend Effective Date Of WOTUS Rule

On November 16, 2017, the U.S. Environmental Protection Agency and U.S. Department of the Army ("Agencies") unveiled a proposed rule to amend the effective date of the 2015 rule defining "waters of the United States," commonly referred to as the "WOTUS Rule." The WOTUS Rule, which defines the scope of federal jurisdiction under the CWA, was adopted by the Agencies under the Obama Administration in a 2015 Rule titled "Clean Water Rule: Definition of 'Waters of the United States" (80 Fed. Reg. 27054, June 29, 2015).  As explained in previous alerts circulated in March 2014, June 2015, May 2016, March 2017, and July 2017, the WOTUS Rule has far-reaching implications for project developers across energy, water, agricultural, construction, and transportation sectors.