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bos2WOTUS Revised: Proposed Federal Rule Retracts the Reach of the Clean Water Act

By Wendy Manley – Forest Network – December 19, 2018
The controversial definition of “Waters of the United States” (WOTUS), which establishes the reach of federal jurisdiction under the Clean Water Act (CWA), may be changing yet again. On December 10, 2018, the Environmental Protection Agency (EPA) and Army Corps of Engineers (COE) announced proposed regulations to describe which waters trigger federal permit requirements for activities that occur in, or discharge to, such waters. The COE issues permits for dredging and filling of WOTUS under CWA Section 404, while EPA (and states with delegated CWA authority) issue permits for discharging stormwater and wastewater to WOTUS under Section 402. As the CWA lacks a statutory definition, the scope of the term is left to the COE and EPA. Read full story here.

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