This week, the Army Corps of Engineers and the Environmental Protection Agency have announced that they will be officially rescinding the WOTUS rule. This move is the first step in a two-step process by the EPA and the Corps of Engineers to undo the 2015 WOTUS rule finalized during the Obama Administration and define the term “Waters of the US.”
Many entities throughout the Country, including state and local governments, were concerned that the 2015 rule would greatly broaden the definition of waters of the US, thus greatly expanding the jurisdiction of the EPA. In October of last year, the 6th Circuit court of Ohio issued a stay for the rule nationwide. Earlier this year, President Trump issued an Executive Order directing the Environmental Protection Agency and the United States Army Corps of Engineers (ACOE) to review and rescind or revise the WOTUS Clean Water rule.