On Tuesday, President Trump signed an Executive Order requiring the U.S. Environmental Protection Agency (EPA) to review all aspects of the Waters of the United States Rule (WOTUS), a controversial measure finalized under the previous administration. The Rule will undergo review by EPA and other applicable agencies, including the U.S. Army Corps of Engineers, and then those agencies will be required to revise or rescind aspects of the Rule that are economically harmful to impacted industries or cause regulatory uncertainty.
WOTUS has been controversial since its introduction, with many stakeholders, including RCRC, opposing it as a jurisdictional overreach and inappropriate expansion of federal authority over bodies of water not previously controlled by the federal government. The rulemaking process itself was also derided as insufficient for receiving meaningful input from state and local governments, and even unlawful as the Government Accountability Office ruled EPA’s social media campaign seeking public support for the rule to be “covert propaganda.” A number of lawsuits were filed once the rule was finalized, and attempts have also been made to block implementation through the federal budget process. Implementation of the rule is currently enjoined until the Court reaches a final decision on a pending case against the rule.