NewsletterWater

EPA and Army Corps announce WOTUS definition

The U.S. Environmental Protection Agency (EPA) with the Army for Civil Works announced a proposal to clarify the “waters of the United States” (WOTUS). This proposal is under the Clean Water Act and would establish a ‘clear, durable and common-sense definition of WOTUS.

The agency’s proposed definition of WOTUS would fully implement the court’s direction by focusing on relatively permanent, standing or continuously flowing bodies of water—such as streams, oceans, rivers and lakes—and wetlands that are connected and indistinguishable from such waterbodies, said the EPA. The proposal comes after the Supreme Court decision in Sackett v. Environmental Protection Agency. 

Currently, the proposal has mixed opinions with environmentalists hesitant about what limited protection of water would do. According to reporting from the Associated Press,  “By gutting protections for wetlands and streams, EPA is trying to disown its legal obligation to protect our drinking water and our communities,’’ said Andrew Wetzler, senior vice president at the Natural Resources Defense Council, an environmental group. “Wetlands are nature’s safeguard against flooding, and stripping away protections for them puts millions of people in harm’s way.”

While  some agricultural workers welcome this decision. According to reporting by Lancaster Farming, “For too long, shifting interpretations have created real uncertainty about whether everyday decisions might trigger federal oversight,” said Caleb Ragland, the president of the American Soybean Association.

The rule still faces at least 45 days of public comment before developing a final decision.

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