Corps and EPA Seek Comments on Supplemental Notice of Proposed Rule to Recodify Definition of WOTUS
On July 12, 2018, the U.S. Army Corp of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published a supplemental notice of proposed rulemaking to re-establish an earlier definition of Waters of the United States (WOTUS). The proposed rule would rescind the 2015 Clean Water Rule and recodify the text that existed prior to 2015.
On July 27, 2017, EPA and the Corps published the original proposed rule to recodify the earlier text. This supplemental notice serves to clarify and seek additional comment on that rule. The agencies are seeking comments specifically on whether the 2015 final rule should be repealed in its entirety, and the bases for repeal of that rule. Comments are due by August 13, 2018.