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ARTICLE · 15 MAY 2020

Replacing The Clean Water Rule – Is The Dance Really Over?

Ward and Smith, P.A
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On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017.

United StatesEnvironment
Amy Wang
Amy Wang

On April 21, 2020, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step two of the two-step "repeal and replace" process ordered by President Trump in 2017 by publishing the final rule defining the scope of waters federally regulated under the Clean Water Act ("CWA").  

The Navigable Waters Protection Rule ("Rule") will become effective June 2, 2020, replacing the rule published in October 2019.

A Brief History

Back in October, the EPA and the Corps completed step one by publishing the formal repeal of the Obama-era 2015 Clean Water Rule.  The repeal, which took effect on December 23, 2019, returned the country to national uniformity, but also to the confusion existing under the pre-2015 regulations.  One month later, the agencies announced the issuance of "The Navigable Waters Protection Rule: Definition of Waters of the United States."  The draft definition of "waters of the United States,"

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