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WOTUS Rule Finalized

Wed, October 23, 2019 4:12 PM | Anonymous

The Corps of Engineers and the Environmental Protection Agency issued a final rule to repeal the 2015 Clean Water Rule: Definition of 'Waters of the United States,' and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. Effective December 23, 2019.  CIRT has weighed-in on the rulemaking numerous times over the past few years, arguing that the Obama-era 2015 rule was too broad and overly inclusive going well beyond the logical reading of Supreme Court interpretation of the relevant statutory language.  [See, 84 FR 56626 (10/22/2019) at: https://www.federalregister.gov/documents/2019/10/22/2019-20550/definition-of-waters-of-the-united-states-recodification-of-pre-existing-rules]

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