Status Quo Remains in Effect
Implementation of the Obama administration’s 2015 “Waters of the United States” (WOTUS) rule—which expands federal environmental permitting jurisdiction involving wetlands—has been delayed. On Jan. 31, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) took AGC-supported regulatory action that delays the 2015 WOTUS rule from taking effect until February 2020. This action virtually maintains the status quo nationwide and provides continuity and regulatory certainty for contractors in the field while the agencies continue to work to repeal and replace the 2015 WOTUS rule. The need for this action became necessary after a Jan. 22 U.S. Supreme Court ruling that would result in lifting the current nationwide stay of the 2015 WOTUS rule in most states.