USEPA and U.S. Army Corps of Engineers to Revise Definition of Waters of the U.S.

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USEPA and U.S. Army Corps of Engineers to Revise Definition of Waters of the U.S.

June 11, 2021

Jill Vovaris, VP, Regulatory Permitting & Compliance Practice

On June 9, 2021, the EPA and the Department of the Army (the agencies) concluded their review of the Navigable Waters Protection Rule defining the term “waters of the United States” (WOTUS) and announced their intention to initiate a new rulemaking process that restores the protections in place prior to the 2015 WOTUS implementation and develops a new rule to establish a durable definition of “waters of the United States.”

“After reviewing the Navigable Waters Protection Rule as directed by President Biden, the EPA and Department of the Army have determined that this rule is leading to significant environmental degradation,” said EPA Administrator Michael S. Regan. “We are committed to establishing a durable definition of ‘waters of the United States’ based on Supreme Court precedent and drawing from the lessons learned from the current and previous regulations, as well as input from a wide array of stakeholders, so we can better protect our nation’s waters, foster economic growth, and support thriving communities.”

Kleinfelder is closely following this development and will continue to provide updates as they become available.

More Information:

Contact:

Jill Vovaris, VP, Regulatory Permitting & Compliance Practice

JVovaris@kleinfelder.com | (724) 757-6210