What Happened
On November 18, 2021, the U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) issued a proposed rule to define waters of the United States (2021 WOTUS Rule). The 2021 WOTUS Rule is similar in structure and approach as the pre-2015 regulations, which are described in the 2008 USACE and EPA memorandum titled Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States. Compared to the 2020 Navigable Waters Protection Rule (NWPR), the 2021 WOTUS Rule would result in potentially substantial differences in jurisdictional status.
Read more in the full Regulatory Alert.
