U.S. EPA Issues Revised WOTUS Definition

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers recently announced a proposed rule to revise the definition of Waters of the United States (WOTUS). The proposed rule would restore the pre-2015 definition of WOTUS, with updates to reflect recent U.S. Supreme Court decisions.

According to this insight by Bricker & Eckler, the OMA’s general counsel, litigation over key provisions of the proposed rule is likely. The public comment period will extend 60 days after it is published in the Federal Register. 12/1/2021