EPA Issues Revised Federal Waters Rule as Court Ruling Looms (1)

The EPA and Army on Friday published a final waters of the US rule, defining the scope of federal jurisdiction over waters and wetlands in the US under the Clean Water Act.

The rule, which roughly reinstates a pre-2015 rule for waters of the US, or WOTUS, extends Clean Water Act protections to some waters and wetlands that aren’t directly connected to larger water bodies.

The rule sets out two standards for federal waters. One includes waters that are relatively permanent, standing, or continuously flowing, as well as waters with a continuous surface connection to such waters. The other ...