EPA and Corps Publish the Navigable Waters Protection Rule

On April 21, the Environmental Protection Agency (EPA) and the Army Corps of Engineers’ Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. After a multi-year process, AGC applauded the rule when the agencies signed the final version in January 2020. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. AGC provided a brief summary of the rule in January. Additional information about the rule can be found on the U.S. EPA website.

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