This week, the Environmental Protection Agency (EPA) held a meeting with ten national associations representing state and local governments, including the National Association of Counties, to discuss the Waters of the United States (WOTUS) rule. The meeting was an attempt for the new Administration to reach out to state and local officials to obtain their input and discuss strategy regarding the redrafting of the WOTUS rule.
The Trump Administration will be approaching the WOTUS rule rewrite using a narrower definition of Waters of the U.S., expressed by Justice Scalia in 2006. Scalia wrote in a 2006 opinion that federal protection should only extend to “relatively permanent” waters and wetlands with a continuous surface connection to larger rivers and streams. Several stakeholders during the meeting expressed the importance of the new rule providing greater clarity. The EPA is currently soliciting comments from the public on what approaches the agency should consider when rewriting the rule.