Touting ‘Durable’ Approach, EPA Adopts Dual Tests In Revised WOTUS Rule

EPA and the Army Corps of Engineers have finalized their rule redefining “waters of the United States” (WOTUS) subject to the Clean Water Act (CWA), touting it as a “durable” policy that returns to pre-2015 standards while introducing several new exclusions from federal jurisdiction, including six new waivers for agricultural lands. The agencies released a pre-publication version of the rule on Dec. 30, but have not yet scheduled it for publication in the Federal Register . The regulatory text notes...