WOTUS Effective August 28
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Even the enacting agencies recognize that the WOTUS Rule may have a significant impact on consumers and the economy. The enacting agencies concede, for example, that the WOTUS Rule is a "major rule" which is defined as a regulation likely to result in "an annual effect on the economy of $100,000,000.00 or more;" "a major increase in costs" for consumers, industries, government agencies or geographic regions; and/or likely to create "significant adverse effects" on employment or markets.[19] Any person, business, or local government that wants to develop or use land may now be subject to a federally mandated permitting regime which can impose significant cost, expense and complexity on any project. Or, given the multiple pending lawsuits, it may not. The state of affairs thus adds an element of uncertainty as to what, exactly; the applicable law is for the short term.
Thus, ironically, a rule designed to clarify the law may have instead brought more uncertainty than already existed. We will continue to monitor the various lawsuits and legislative activities surrounding the WOTUS Rule and will be providing an update as events warrant.
Multiple lawsuits from around the country have been filed. The Court has asked that these suits be combined and heard by a District Court; a decision has not yet been reached on this.
