EPA’s WOTUS Woes Spill into 2016

The “Waters of the United States” (WOTUS) Rule met more critics than fans when introduced last May, and its future still looks troubled. The Rule, issued jointly by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, applies the Clean Water Act to define what waters fall under CWA’s programs. Early critics faulted the agencies for overreaching and expanding CWA’s jurisdiction beyond its established legal limits, while the agencies maintain that the scope of the new rule is well within CWA jurisdiction and existing regulations.

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