Blog: On WOTUS Notice: EPA gives notice of yet another Clean Water Act rule
From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to conduct rulemakings to define the scope of what constitutes a Water of the United States, or WOTUS, under the federal Clean Water Act (“CWA”). Many commentators anticipated the new Trump administration would embark on yet another WOTUS rulemaking in the wake of the U.S. Supreme Court’s decision in Sackett v. EPA. … According to the interim guidance, wetlands must have “a continuous surface connection to a requisite covered water making it difficult to determine where the water ends and wetland begins.”… Until a new WOTUS rule is finalized, EPA and the Corps will apply the interim guidance when determining whether a wetland has a “continuous surface connection” to a WOTUS under the CWA.