WOTUS Rewrite Coming by November
As the Environmental Protection Agency and Army Corps of Engineers under the Biden administration tackle the re-writing of definition of what constitutes a waters of the U.S., EPA Administrator Michael Regan says the goal remains for “clarity, for certainty and for a durable rule” as the agencies will not be reinstating either the Trump-era Navigable Waters Protection Rule or the Clean Water Rule introduced in 2015 by the Obama administration.
While speaking virtually in an address to the National Association of State Departments of Agriculture annual meeting, Regan says the agency plans to work as expeditiously as possible on the rulemaking process. He anticipates by November proposing a foundational proposed rule reflecting the pre-2015 regulations updated with the Supreme Court decisions, and a second rule building on that foundation by next winter.
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