From: Mondaq
Definition Of “Waters Of The U.S.” Remains Uncertain
Troutman Sanders LLP
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In July, the current Administration promulgated a new proposed rule that would rescind the 2015 final rule, pending issuance of a more substantive rulemaking that reevaluates the definition of waters of the U.S. Congress is simultaneously considering making a statutory amendment to the definition of “waters of the U.S.” Federal Regulatory Certainty for Water Act, H.R. 1261, 115th Cong. (2017). In response to the recent Supreme Court decision, the Trump Administration now intends to finalize a rule to revise the “applicability date” of the rule (to 2020, to allow time for the Administration to replace the rule) before the Sixth Circuit Court of Appeals can withdraw its stay of the 2015 final rule. EPA and the Army Corps of Engineers reportedly sent a final rule late last week to the Office of Information and Regulatory Affairs for review.