Clean Water Act WOTUS Rule Repealed By Trump Administration
While attending the ABA SEER 27th Fall Conference in Boston, Bick Law LLP learned directly from Matt Leopold, EPA General Counsel, that the final “Part 1” Waters of the U.S. rule was released yesterday, September 12. Part 1 is the first of two phases of the WOTUS rulemaking that officially repeals the 2015 WOTUS rule enacted by the Obama Administration. The preamble addresses the scope of agency authority under the Clean Water Act, appropriate deference to states’ rights, and the U.S. Supreme Court cases of SWANNC and Rapanos, to support the Administration’s decision that the 2015 definition of Waters of the U.S. exceeded the scope of the Clean Water Act. The repeal will be effective 60 days from publication in the Federal Register.
The pre-publication version of the repeal rule can be found at:
The California Environmental Attorneys at Bick Law LLP will continue to monitor the federal and state enforcement of the Clean Water Act.