Waters of the United States

EPA and Army Announce Process to Submit Nomination Letters for Regional Roundtables

EPA and Army are announcing a process for stakeholders to submit nomination letters with a slate of participants to potentially be selected as one of ten roundtables on the regional implications of “waters of the United States” (WOTUS). The regional roundtables will engage stakeholders representing diverse perspectives in meaningful dialogue to help inform the agencies’ work to develop an enduring definition of WOTUS that supports public health, environmental protection, agricultural activity, and economic growth.

In response to robust interest in these regional roundtables, the agencies have extended the deadline for submissions to December 1, 2021.

More information about the roundtables and additional stakeholder engagement opportunities can be found here.

Order Vacating and Remanding the Navigable Waters Protection 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.

EPA and Army Announce Public Meeting Schedule, Solicit Pre-Proposal Recommendations on “Waters of the United States” 

EPA and Army are announcing a series of engagement opportunities on defining “waters of the United States”, including an opportunity for stakeholders and the public to provide written recommendations; a series of public meetings in August; and a plan for regionally-focused and inclusive roundtables during the fall and winter.

More information about the Agencies’ plans can be found here.

Read the Notice of Public Meeting Dates and Solicitation of Pre-Proposal Feedback

EPA and Army Announce Intent to Initiate Rulemaking Process to Replace the Navigable Waters Protection Rule

EPA and the Department of the Army are intending to initiate a new rulemaking process that restores the protections in place prior to the 2015 WOTUS implementation and develops a new rule to establish a durable definition of "waters of the United States." Further details of the agencies’ plans is provided here.