The Environmental Protection Agency says it is on track to issue a final rule replacing the Obama administration’s 2015 “waters of the United States” rule by September 2019, but don't hold your breath.

 

If former EPA Administrator Scott Pruitt's promises had come true, there already would be a new WOTUS rule in place. Now, in the latest semiannual regulatory agenda released by the federal government, EPA estimates it will publish a proposed replacement rule by this month, which aligns with pledges made recently by Acting Administrator Andrew Wheeler

 

Even if a proposal were published this month, however, the complex nature of the rulemaking could make it difficult for the agency to meet the September 2019 target.

 

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