The proposed definition would significantly extend the regulatory scope of the Clean Water Act.
By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass
On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies) published a proposed rule (the Proposed Rule) to revise the definition of “waters of the United States” (WOTUS), a critical term that determines the Clean Water Act’s (CWA’s) scope and application. The proposed changes, published in the Federal Register, could signal a return to the more inclusive pre-2017 WOTUS interpretation, which could broaden the CWA’s application. Comments on the Proposed Rule are due on February 7, 2022.