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In the coming weeks, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers are expected to release a proposed rule defining what is meant by “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The proposed rule is currently at the Office of Information and Regulatory Affairs for review.
The WOTUS definition is critical because it informs what waters are regulated under the CWA. For decades, the meaning of this term has been a constant source of confusion and a prime example of agency overreach. Both the EPA and Corps have long tried to regulate almost every water imaginable, acting like local zoning boards more than federal regulators.
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