Another “New” Era: WOTUS Rule 2020 – Update

Read the full story at JD Supra.

Following years of discussion, administrative rulemaking, and multi-state litigation, the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“ACOE”) have published a new regulatory definition of waters of the United States (“WOTUS”). On April 21, 2020, the EPA published a revised definition of WOTUS, dubbed the “Navigable Waters Protection Rule” (“2020 Rule”), in the Federal Register, 85 Fed Reg 22,250. The 2020 Rule represents the final version of the 2018 draft rule published on December 11, 2018. Now in its final form, the 2020 Rule went into effect nationwide on June 22, 2020, but a number of states and other local jurisdictions, as well as environmental and agriculture groups, have already filed suit seeking to challenge the 2020 Rule.

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