EPA, Army propose two-year delay of WOTUS

The U.S. EPA and the U.S. Department of the Army are proposing to delay the effective date of the Waters of the U.S. rule by two years. The 2015 rule, which redefined the scope of where the Clean Water Act applies, had an effective date of Aug. 28, 2015. Implementation of the 2015 rule is on hold as a result of the Sixth Circuit’s nationwide stay of the rule, but that stay may be affected by a pending Supreme Court case. The 2015 rule is also stayed in 13 states due to a North Dakota district court ruling. EPA and the Army are taking this action to provide certainty and consistency to the regulated community.