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Section 404 of the Clean Water Act
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Documents Associated with the 2015 Clean Water Rule

The Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies continue to review the order and consider next steps. This includes working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation. 

The following documents are associated with the 2015 Clean Water Rule, which is not in effect at this time.

  • Technical Support Document for the Clean Water Rule: Definition of Waters of the United States (pdf)
  • Final Clean Water Rule Economic Analysis (pdf)
  • Environmental Assessment - Finding of No Significant Impact (pdf)
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Last updated on September 3, 2021