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EPA, Corps of Engineers to rescind WOTUS rule


By: Georgia Farm Bureau
6/28/2017 1:42:07 PM


On June 27, the U.S. Environmental Protection Agency (EPA), Department of Army (DOA), and Army Corps of Engineers announced they would propose a rule to rescind the Clean Water Rule and re-codify the regulatory text that existed prior to 2015 defining "waters of the United States" or WOTUS, according to an EPA press release. This action would, when finalized, provide certainty in the interim, pending a second rulemaking in which the agencies will re-evaluate the definition of 'waters of the United States,' according to the release. The proposed rule would be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice, the release said.

Georgia Farm Bureau (GFB) and the American Farm Bureau Federation (AFBF) have opposed the WOTUS rule since it was first submitted and have campaigned extensively to have it overturned. This proposed rule to rescind WOTUS follows a Feb. 28 executive order from President Trump.

According to the EPA release, the proposed rule would recodify the identical regulatory text that was in place prior to the 2015 Clean Water Rule and that is currently in place as a result of the U.S. Court of Appeals for the Sixth Circuit's stay of the 2015 rule. Therefore, this action, when final, will not change current practice with respect to how the definition applies.

The EPA, DOA and the Corps of Engineers have also begun deliberations and outreach on the second step rulemaking involving a re-evaluation and revision of the definition of "waters of the United States" in accordance with the Executive Order.

For the prepublication Federal Register notice and additional information visit


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