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WOTUS Rule Effective Date Delayed

Tuesday, November 21, 2017

(North American Meat Institute)

The Environmental Protection Agency (EPA) and the Army Corps of Engineers (the Corps) are proposing to delay by two years the effective date of the 2015 Clean Water Rule, also known as the Waters of the U.S. (WOTUS) rule, which redefined and expanded the bodies of water subject to federal jurisdiction under the Clean Water Act (CWA). The agencies contend the delay would provide regulatory certainty as EPA and the Corps consider revising the definition of WOTUS.

The U.S. Court of Appeals for the Sixth Circuit last year blocked WOTUS implementation, which was set to become effective August 28, 2015. EPA and the Corps are issuing this proposed delay because the Sixth Circuit's nationwide stay of the rule may be affected by a pending Supreme Court case.

The agencies will accept public comments on this proposed delay for 21 days after publication in the Federal Register.

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