EPA Sets Out Plans For WOTUS Replacement

As previously reported, President Trump has issued an Executive Order calling on EPA and the U.S. Army Corps of Engineers (Corps) to formally review the "Clean Water Rule" also known as the Water of the United States (WOTUS) Rulemaking. On April 19, EPA laid outs its plans for revising the Clean Water Rule consistent with the Executive Order in a meeting with state and local officials.

EPA envisions a two step process through which it will (i) recodify the regulation in place prior to the issuance of the Clean Water Rule, which is currently the effective regulation due to the nationwide stay of the Rule issued by the U.S. Court of Appeals for the Sixth Circuit, and (ii) ultimately issue a revised rulemaking. Citing uncertainty over the length of the Sixth Circuit stay, EPA believes reinstating the preexisting regulation will increase certainty as to which regulation is in effect pending the issuance of a new rule. As encouraged by the Executive Order, EPA