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EPA and Army Propose to Amend Effective Date for Waters of the US Rule

ephemeral ditch
The EPA and the Army are proposing to amend the effective date of the 2015 rule defining “Waters of the United States,” to two years after today’s action is finalized and published in the Federal Register (FR). EPA and the Army are taking this action to consider additional stakeholder input and options for providing certainty and consistency to the regulated community. This action follows the February 28, 2017, Presidential Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”
The original effective date of the 2015 rule is currently on hold due to the Sixth Circuit’s nationwide stay of the rule that may or may not be affected by a pending Supreme Court case. The agencies will be collecting public comment on this proposal for 21 days after publication in the FR Notice and plan to move quickly to take final action in early 2018. For more information go to: www.epa.gov/wotus-rule.