Volume 25, Number 6 ● March 23, 2017
EPA and COE Announce Intentions on Controversial WOTUS Rule
On March 6, 2017, the Environmental Protection Agency and the U.S. Army Corps of Engineers announced their intent to rescind or revise the Waters of the U.S. (WOTUS) rulemaking from 2015. The Rule has been languishing in federal court since the day it was put in place, and as a result, never went into effect. The EPA and Corps may decide to rescind the rule or publish a new rule for review and comment, so stay tuned!
How Does This Affect Me Now?
Because the 2015 WOTUS rule never went into effect, the WOTUS rules in place prior to the rulemaking remain in full force. This means you still need a jurisdictional determination to approve a wetland delineation and you still need a permit from the Corps prior to wetland disturbances. Additionally, this notice does not affect wetland delineations or permitting in any states that have their own wetland regulations (such as Virginia and Maryland), which are unchanged by this announcement.