Yesterday the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released the final revised Waters of the United States (“WOTUS”) Rule, also called the “Navigable Waters Protection Rule.” This significant announcement marks the end of a multi-year two-step regulatory process to narrow and streamline the legal definition of federal jurisdictional waters, with the protection of “navigable waters” under the federal Clean Water Act as the principal focus.

While the new WOTUS Rule includes notable changes to the legal definition of federal jurisdictional waters, uncertainty remains around how the WOTUS Rule will be implemented in the field and how pending and future litigation may delay and hinder implementation.

The prepublication version of the WOTUS Rule is HERE.

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