EPA’s New WOTUS Proposal Deepens the Regulatory Gap for Tribal Waters

EPA’s proposed Waters of the U.S. rule moves forward

The Trump administration is taking another step toward finalizing a new definition of “waters of the United States” (WOTUS). The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers announced a supplemental proposed rule Sept. 4 that seeks additional public input on which waters and wetlands should fall under federal jurisdiction. The supplemental proposal builds

EPA’s New WOTUS Proposal Deepens the Regulatory Gap for Tribal Waters

EPA and the Army Corps have supplemented their proposed WOTUS rule with alternatives that could sharply reduce federal protection for Tribal waters in a prepublication document shared at the link above. The agencies are now considering limiting “relatively permanent” waters to those flowing virtually year-round and requiring wetlands to contain perennial surface water continuously connected…