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Reggie L. Bouthillier
Tallahassee
Jeffrey A. Collier
Tampa
Jacob T. Cremer
Tampa
F. Joseph Ullo
Tallahassee
Special thanks to Nicole Neugebauer and Nicholas Marler who assisted in the drafting of this alert. Nicole is a third-year Juris Doctor Candidate at Stetson University College of Law. Nicholas is a second-year Juris Doctor Candidate at Stetson University College of Law.
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2015 Waters of the United States
Rule Repealed, with a New Rule
Expected this Winter
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On September 12, 2019, the U.S. Environmental Protection Agency ("EPA") issued a statement officially announcing the repeal of former President Obama's 2015 waters of the United States Rule ("2015 Rule"), commonly referred to as "WOTUS." This repeal completes Step 1 of the Trump Administration's Two-Step plan to (1) Repeal and (2) Revise WOTUS.
The Obama administration's 2015 Rule attempted to provide clarity as to the scope of federal water protection. For example, the rule provided "physical and measurable" boundaries covering bodies of water next to rivers and lakes. However, the 2015 Rule seemed to create more questions than answers, leading to more than half the states rejecting the 2015 Rule and instead following the pre-existing rule.
Seeking to establish consistency and replace the 2015 Rule, President Trump issued a 2017 Executive Order requiring a review and revision of WOTUS. As we previously reported, in December 2018, the Trump Administration issued a proposed rule ("Proposed Rule") seeking to change the definition of WOTUS under the Clean Water Act and allow for more "certainty for farmers, landowners, home builders, and developers" in the area of water regulation.
The Proposed Rule is the beginning stage of Step 2, expected to be finalized this Winter. The new rule will seek to provide a balance between the federal government's duty to protect the nation's sources of water weighed against state interests in the use and regulation of their respective waterways. In the meantime, with the 2015 Rule now defunct, agencies will implement the pre-2015 Rule from the 1980s - along with any applicable agency guidance documents and Supreme Court decisions - until the Proposed Rule is finalized.
We will continue to monitor and report on future WOTUS developments. Our Land Development, Zoning & Environmental team has extensive experience advising clients on all matters related to wetland regulation, permitting, and enforcement, and all aspects of administrative rule development. For more information, please
contact us.
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What's Developing | Fall 2019
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Do You Own Real Property? Be on the Lookout for Your TRIM Notice.
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Marco Paredes Joins Stearns Weaver Miller as Director of Governmental Affairs
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*Abbye Feeley, Ken Metcalf, Michael Paparesta, Marco Paredes, Chris Smith, and David Smith are not attorneys and are not authorized to practice law.
Abbye, Ken, and David are highly experienced planners. Ken is AICP certified.
Chris is a highly experienced GIS analyst.
Michael is a highly experienced real estate analyst.
Marco is a highly experienced government affairs professional.
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