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Environmental & Energy,
Administrative/Regulatory

Dec. 26, 2018

A shift in the current: Update on Clean Water Act WOTUS rule

The controversial definition of “waters of the United States,” aka WOTUS, which establishes the reach of federal jurisdiction under the Clean Water Act, may be changing yet again.

Wendy L. Manley

Wendel, Rosen, Black & Dean LLP

Email: wmanley@wendel.com

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A shift in the current: Update on Clean Water Act WOTUS rule
The Klamath River on the Yurok reservation in Weitchpec, California. Navigable waterbodies (e.g., bays, rivers, lakes, ocean), are unquestionably "waters of the United States." The Trump administration has proposed a new rule that aims to make it more clear what other bodies of water are WOTUS. (New York Times News Service)

The controversial definition of "waters of the United States," aka WOTUS, which establishes the reach of federal jurisdiction under the Clean Water Act, may be changing yet again. On Dec. 10, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency announced proposed regulations to describe which waters trigger federal permit requirements for activities that occur in, or discharge to, such waters. The Corps issues permits for dredging and filling ...

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