Legal Alerts Feb 15, 2019

Clean Water Act: Proposed WOTUS Replacement Rule Published in Federal Register

Comments Due by April 15

Clean Water Act: Proposed WOTUS Replacement Rule Published in Federal Register

The Trump Administration’s proposed rule defining “Waters of the United States” under the federal Clean Water Act was published yesterday in the Federal Register. The Environmental Protection Agency and the U.S. Army Corps of Engineers released a draft of the proposed rule in December, but its official publication was delayed by the federal government shutdown. The agencies are seeking public comments on the proposed rule by April 15.
 
As a reminder, in California and 22 other states, the 2015 WOTUS rule currently applies, and will do so until a new rule is finalized and goes into effect. Yesterday’s proposed rule includes clarifications, and its preamble has explanatory language that would reduce, but not eliminate, the risk that several types of public infrastructure would be classified as WOTUS and fall under CWA jurisdiction. The proposal also seeks comment on an array of potential changes that could be made in the final rule. Some of those changes would reduce the risk of public infrastructure falling under CWA jurisdiction, but others could increase that risk.
 
If you would like more information on any aspects of the proposal or the process going forward or have any questions, please contact the authors of this Legal Alert listed at the right in the firm’s Environmental Law & Natural Resources practice group or your BB&K attorney.
 
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Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

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