Despite Narrowed Scope, WOTUS Rule May Expand Some CWA Coverage

The Trump administration’s new rule revising the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA) is generally seen as narrowing the scope of the law, especially for wetlands, but some of the changes might expand coverage over intermittent waters compared to the Obama-era rule, legal experts say. Additionally, the EPA and the Army Corps of Engineers’ changed interpretation of what is covered by the CWA term “traditional navigable waters” (TNW) in the preamble to...