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ARTICLE · 12 OCTOBER 2015

Sixth Circuit Provides Short-Term Clarity On WOTUS Rule

The United States Court of Appeals for the Sixth Circuit today issued a nationwide stay on the so-called "Clean Water Rule".

United StatesEnvironment

The United States Court of Appeals for the Sixth Circuit today issued a nationwide stay on the so-called "Clean Water Rule," under which the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) revised the federal definition of "waters of the United States." The rule, which is often referred to as the "waters of the United States," or "WOTUS" rule, had previously been stayed in only thirteen states, pursuant to a North Dakota federal district court's August and September rulings (available here and here). While additional background regarding the Clean Water Rule is available here and here, in general the rule would expand the application of various regulations under multiple federal environmental laws, resulting in significant impacts to the manufacturing industry and numerous other sectors, including agriculture, development, oil and gas recovery, and utilities.

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