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Court Ruling Puts 2015 WOTUS Rule in Effect in 26 States

August 21, 2018

As a result of a federal court ruling on August 16, the Obama administration’s 2015 “Waters of the United States” (WOTUS) rule—which expands federal environmental permitting jurisdiction involving wetlands—is now in effect in 26 states (listed below).  AGC published an in-depth look at the 2015 WOTUS rule when it was finalized.  The association will provide its membersadditional guidance in the coming days, but we caution a measured approach for the moment as this issue is still developing and the situation may change again in short order.

The United States District Court for the District of South Carolina issued a ruling blocking a regulatory attempt by the Trump administration to delay enforcement of the 2015 Waters of the United States (WOTUS) rule until 2020. Earlier this year, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a rule to allow more time for the agencies to repeal and replace the 2015 WOTUS rule. Despite this court’s ruling, twenty-four states have injunctions that remain in effect and halt enforcement of the 2015 WOTUS rule within their borders.

The 26 states where the 2015 WOTUS rule is now in effect are:  California,  Connecticut, Delaware,  Hawaii,  Illinois,  Iowa, Louisiana,  Maine,  Maryland,  Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey,  New York, Ohio, Oklahoma, Oregon,Pennsylvania, Rhode Island,  Tennessee,  Texas,  Vermont,  Virginia  and  Washington

For more information, contact Melinda Tomaino at tomainom@agc.org.

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