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Nov. 24, 2021
EPA and Army Take Action to Provide Certainty for the Definition of WOTUS
EPA and U.S. Department of the Army announced a proposed rule to re-establish the pre-2015 definition of "waters of the United States" (WOTUS) which had been in place for decades, updated to reflect consideration of Supreme Court decisions. This action advances the agencies' goal of establishing a durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries that depend on clean water. This proposed rule would support a stable implementation of "waters of the United States" while the agencies continue to consult with states, Tribes, local governments, and a broad array of stakeholders in both the implementation of WOTUS and future regulatory actions. The proposed rule would maintain the longstanding exclusions of the pre-2015 regulations as well as the exemptions and exclusions in the Clean Water Act on which the agricultural community has come to rely.
 


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