President Trump Signs Executive Order to Re-write WOTUS
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Last week, President Trump signed an executive order that will begin the process of redeveloping the controversial Waters of the U.S. Rule (WOTUS). The order instructs the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers to begin the process of re-writing the rule and redefining a WOTUS. It is important to note that the executive order does not rescind the rule but restarts the timely rule making process of redefining WOTUS by promulgating a new rule. The executive order suggests that the two agencies should "consider interpreting the term ‘navigable waters,'" as defined in 33 U.S.C. 1362(7), in a manner consistent with the opinion of Justice Antonin Scalia in Rapanos v. United States, which would be a favorable interpretation for the pest management industry.
The WOTUS rule remains stayed by a court order as jurisdictional litigation is on going in the 6th Circuit. This is a promising development for the pest management industry in the ongoing WOTUS saga.
