The Clean Water Act "WOTUS" Rule: A long and winding river

The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced finalization of their Navigable Waters Protection Rule to define "Waters of the United States" (WOTUS), which marks another chapter in a long-running saga regarding the scope of the Clean Water Act's (CWA) application. The agencies indicated their intent to publish the rule in the Federal Register, with the rule’s effective date set for sixty (60) days after publication.

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