The original Waters of the United States (WOTUS) Rule that generated extensive opposition was set aside by the previous Administration and replaced with the Navigable Waters Protection Rule (NWPR) issued in June 2020.
Michael Regan, Administrator of the U.S. Environmental Protection Agency has announced that the EPA and the Department of the Army, Corps. of Engineers will revise the definition of WOTUS and will set aside the NWPR. This should come as no surprise since Administrator Regan noted during his confirmation hearing that this action would be taken. In testimony he noted that he was not in favor of reinstating the standards as developed by his predecessors in the Obama Administration. It was his intention to conduct a complete review.
It is the opinion of the EPA Administrator that the NWPR has resulted in a reduction of the level of protection for waterways especially in Western states that are currently under a prolonged and severe drought. In accordance with the NWPR up to 1,500 stream were determined to be “non jurisdictional” and that 300 or more projects that would have required Section 404 permitting under WOTUS proceeded without review.
The Department of Justice is filing a motion to remand the NWPR. The Army Corps of Engineers in conjunction with EPA will then establish a new rule.
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