EPA’s WOTUS Plan Appears Aimed At Quelling Industry, State Concerns

The Trump EPA’s upcoming plan to revise the definition of “waters of the United States” (WOTUS) appears aimed at quelling concerns raised by industry groups and states over the Biden-era rule, broadening the scope of certain existing exclusions and incorporating flexibilities to account for states with differing hydrology. The agency’s draft plan, currently under review by the Office of Management and Budget (OMB), establishes explicit definitions on such hot-button terms such as “continuous surface connection” between waterbodies and whether they...