Senior Counsel Coty Hopinks-Baul recently published “The Tide Turns: Recent Developments In Federal Regulation Of Discharges To WOTUS” in Rock Products, discussing the changes the Biden Administration is expected to make to the federal regulation of discharges to waters of the U.S. (WOTUS). The article provides a brief round-up on some of these actions and
How do states regulate non-federal wetlands?
The Trump administration announced in December 2018 its proposed replacement rule defining “waters of the United States.” Under the proposed rule, the number of wetlands that fall outside of federal jurisdiction is expected to increase.
Phillip Bower and Megan McLean weigh in on what this means for state regulation of non-federal wetlands in the recent…
EPA and Army Corp Propose to Delay Effective Date of WOTUS Rule
The U.S. EPA and U.S. Army Corps of Engineers have proposed to delay the effective date of the 2015 Waters of the United States (WOTUS) rule which clarifies which waters and wetlands fall under federal jurisdiction. According to the agencies, the delay is necessary to help avoid confusion among home builders, contractors, and miners.
The 2015 WOTUS rule has an effective date of August 28, 2015, but…