EPA/Corps Rule to Clarify Jurisdiction of "Waters of the US"
From SLMA's environmental counsel at Kilpatrick Townsend:
On June 9, 2021, EPA issued a statement which confirmed that the agnecy will initiate a new rulemaking process with the goal of expanding the definition of "Waters of the US" as compared to the Trump Administration's 2020 final WOTUS rule. Newly appointed EPA Administrator Michael Regan has repeated his statements that EPA will seek to find a compromise on the heavily disputed and litigated definition of "Waters of the US." He has not provided further detail.
The Biden Administration is seeking the Stay of all pending litigation related to the WOTUS Rule in order to allow time for the new administration to review and potentially reconsider the rulemaking.