Navigating The Waters of the United States Rule

On December 11^th, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) proposed a new definition of “Waters of the United States” to replace the 2015 definition adopted under the Obama administration. That definition has been subject to a variety of litigation over the past three years, causing its application to be sporadic at best. Currently 22 states, the District of Columbia, and the U.S. territories are enforcing the rule while 28 states are following the previous regulations issued in the 1980s.