EPA Moves to Repeal WOTUS Rule

On June 27, EPA announced that it will rescind the Obama Administration's so-called "Waters of the U.S." (WOTUS) rule, which expanded federal jurisdiction over streams, wetlands, and other bodies of water under the Clean Water Act.

 

To rescind the rule, EPA will issue a proposed rule that will repeal the 2015 WOTUS rule and recodify the original regulatory text that was in place prior to the 2015 rule, which determines which U.S. waters receive protection under the Clean Water Act.  In 2016, a federal court blocked implementation of the WOTUS rule, so the proposed rule to repeal it will not trigger any immediate changes.  Instead, the rule is a fallback position for the Administration in case the stay against the rule put in place by the Sixth Circuit Court of Appeals is lifted—which could occur when the U.S. Supreme Court decides whether that court or the district courts have jurisdiction over the matter.

 

According to EPA Administrator Scott Pruitt, the proposed rule is the first in a two-step process to "redefine waters of the U.S."  "We are taking significant action to return power to the states and provide regulatory certainty to our nation's farmers and businesses," Administrator Pruitt said.

 

The agency is in the process of writing a new version of the rule that will include a narrower interpretation of which bodies of water are covered under the Clean Water Act.  Input from stakeholders on that issue was due to EPA earlier this week.

The proposed rule to repeal WOTUS fulfills one of President Trump's campaign promises and is the first formal step toward repealing many of the Obama Administration's environmental regulations.  In addition to environmental groups, many are expected to begin legal challenges against the rule when it is finalized.