WOTUS

The Biden administration has rolled out in a final what it says is a “durable” definition of “waters of the U.S.” (WOTUS), potentially capping a legal and political battle that has raged for nearly two decades. The final rule issued by the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army on […]

The U.S. Supreme Court on April 6 reinstated a Trump-era environmental rule that limited state and tribal roles in enforcing a section of the Clean Water Act (CWA) related to project certification. The order is a temporary triumph for eight states and three energy trade associations, including the National Hydropower Association (NHA). The high court’s […]

In yet another dramatic turn for federal policy governing the “waters of the U.S.” (WOTUS), the Biden administration has announced its intent to revise the definition of WOTUS, citing “destructive impacts” to critical water bodies under a Trump-era rule. The Environmental Protection Agency (EPA) and the Department of the Army on June 9 issued a declaration […]

In a move widely applauded by the power industry, the Environmental Protection Agency (EPA) and Department of the Army proposed a new definition of “waters of the U.S.” (WOTUS) that could exempt groundwater and ditches from regulation under the Clean Water Act (CWA).  The measures follow other recent significant regulatory actions by the agency. On […]

President Trump campaigned on a promise to reduce regulation and control regulatory costs. One of his first actions after taking office was to issue an executive order calling for the elimination of two existing regulations for every one new regulation issued. Toward that end, the Trump administration has acted or sought to reverse more than […]

The U.S. Supreme Court unanimously reversed and remanded a rule the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers rolled out in 2015 that asserts federal authority over small bodies of water with a broader definition of the statutory term, “waters of the U.S.” (WOTUS). In a ruling for National Association of […]

 The U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers have proposed a rule to rescind the controversial Waters of the U.S. (WOTUS) rule, which asserts federal authority over small bodies of water. The rule, also known as the “Clean Water Rule,” was promulgated by the EPA and the U.S. Army […]

The Environmental Protection Agency’s (EPA’s) administrative priorities will be reined in to focus on process, rule of law, and cooperation with states, the agency’s new head Scott Pruitt told attendees at CERAweek by IHS Markit on March 9. Since the former Oklahoma Attorney General was sworn in as EPA administrator in late February, the agency has […]

An executive order signed by President Donald Trump on February 27 authorizes the Environmental Protection Agency (EPA) to rewrite a contentious rule asserting federal authority over small bodies of water. The Waters of the U.S. (WOTUS) rule, also known as the “Clean Water Rule,” finalized by the EPA and the U.S. Army Corps of Engineers […]

Congressional efforts to block the Environmental Protection Agency’s (EPA’s) contentious rule asserting federal authority over small bodies of water were derailed on Jan. 21. Senate Republicans voted 52–40, failing to override the president’s veto of the so-called “Clean Water Rule”—also “Waters of the United States” (or WOTUS) well short of the 60 necessary votes. Clean […]

The U.S. Government Accountability Office (GAO) issued a decision concluding that the Environmental Protection Agency’s (EPA’s) use of Thunderclap—a crowd-speaking social media platform that allows a single message to be mass-shared, flash-mob style—constituted “covert propaganda,” in violation of the publicity or propaganda prohibition. The decision was issued in response to a request from Sen. James […]

A federal judge on Thursday halted implementation of the Clean Water Rule that is controversial for its broad definition of “Waters of the U.S.” one day before it was to go into effect, saying it was likely that the Environmental Protection Agency (EPA) overstepped its authority when it promulgated the “exceptionally expansive” rule.  Judge Ralph […]

Thirteen states are suing the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the recently finalized Clean Water Rule, which they say illegally puts the federal government in charge of a majority of water and land resources in the U.S.  North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, […]