Quick Hit: WOTUS after the Vacatur

Daniel Pope is an associate at the firm who advises energy, infrastructure, and industrial clients on environmental permitting and transactions and represents clients in litigation and environmental enforcement defense under a number of environmental and natural resources statutes and regulatory programs.

How has the EPA responded to the district of Arizona vacating the Clean Water Act?

The EPA changed its website for the current implementation of the WOTUS rule. The EPA and the Corps are now going back to the pre-2015 waters of the United States rules and those are the classic rules that were first promulgated in 1986 and are modified by a couple of Supreme Court decisions and associated guidance. Those rules are going to be in effect until the EPA sets out to revise the Waters of the United States rule again.

For any questions on the WOTUS rule, please contact Daniel Pope.

The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.