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Executive Order Initiates Process to Repeal WOTUS Rule

Tuesday, March 7, 2017

(North American Meat Institute)

President Donald Trump last week signed an Executive Order (EO) directing the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) to conduct a formal review of the Waters of the United States (WOTUS) rule, which redefined and expanded the bodies of water subject to federal jurisdiction under the Clean Water Act (CWA). The EO instructs the EPA and the Corps to begin the formal process of rescinding or revising the rule, and lays the groundwork for a more limited approach to determining which waterways are protected by the federal government under the CWA. That process would involve a new rulemaking in which the agencies would be required to justify any proposed changes. Because implementation of the WOTUS rule has been blocked by an injunction issued by a federal court of appeals, the EO directs the Justice Department to suspend its appeal while the Administration reconsiders the rule.

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