Today, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have proposed a new clean water rule to replace the controversial 2015 Waters of the United States (WOTUS) rule. The 2015 WOTUS rule is undergoing legal challenges and is on hold in 28 states, creating a patchwork of regulations. Today’s proposal is intended to correct the regulatory overreach of the old rule while continuing to protect federal waters.
One of President Trump’s initial executive actions on taking office was to direct the agencies to review and revise the 2015 WOTUS rule for (1) regulatory uncertainty, (2) “due regard” to state roles, and (3) in consideration of the plurality opinion in a related 2006 Supreme Court decision. AGC is supportive of President Trump’s initiative and expects the new clean water proposal will seek to address these concerns.
AGC has been advocating for a new clean water rule that provides contractors and project sponsors with a clear understanding of when a federal permit is needed without hiring a team of consultants; and one that excludes ditches and other stormwater control features from federal jurisdiction. Click here for an AGC one-pager on this issue. Stay tuned for additional information on the proposal and how you can send comments to EPA and the Corps. Follow AGC’s environmental services on Twitter at @AGCEnvironment. Together, we can achieve #CleanWaterClearRules.
For more information on the rule, go to EPA’s webpage for the WOTUS rulemaking effort at https://www.epa.gov/wotus-rule or contact Melinda Tomaino at tomainom@agc.org.