EPA & Corps Revert To Pre-2015 WOTUS Regime Following Vacatur Ruling

September 7, 2021
EPA and the Army Corps of Engineers have halted implementation of the Trump-era definition of waters of the United States (WOTUS) and returned to pre-2015 policies after a federal judge in Arizona vacated and remanded the rule last week, even though the legal question of whether a district court can vacate a national rule remains unsettled. “The Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of...

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