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What’s Going on with WOTUS?

May 2, 2019

Last year, Blackstone shared an article explaining that the definition of the waters of the United States (WOTUS) was in limbo. The 2015 Clean Water Rule attempted to provide a clearer definition of WOTUS but has been under numerous court challenges. The Environmental Protection Agency (EPA) and the Army Corps of Engineers (the Corps) published a proposal to rescind the Clean Water Rule in July 2017, and in February 2018, finalized a delay of the effective date of the Clean Water Rule to February 6, 2020 (the Applicability Date Rule) while they worked on a new rule to replace it. A year later we are still in limbo without a clear definition, but with one on the way. Over the past year there have been lawsuits over the Applicability Date Rule, a court case ruling that delay of lawsuits opposing the 2015 Clean Water Rule were unwarranted, a nationwide injunction issued for the Applicability Date rule, a court vacatur of the Applicability Date rule, court…
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