Legal Corner: The Good and Bad News about EPA’s Proposed WOTUS Rule

By David M. Moore

The U.S. EPA and Army Corps of Engineers issued the long awaited proposed waters of the United States (WOTUS) rule on Feb. 14, 2019. Settling the WOTUS question is a major priority for the Trump administration. The Proposed Rule has sweeping implications and affects all promulgated Clean Water Act (CWA) regulatory provisions including EPA rules at 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401 and Corps rules at 33 CFR Part 328. These rules address everything from spills, releases and reporting to permitting and enforcement, and affect the jurisdictional status of every water feature in the United States.