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The U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) have announced their intent to revise the definition of “waters of the United States” (WOTUS). EPA Administrator Michael Regan says that the Navigable Waters Protection Rule (NWPR) enacted during the Trump administration to define WOTUS “is leading to significant environmental degradation.”

Despite yesterday’s announcement by the EPA administrator, the NWPR remains in effect nationwide until the EPA and the U.S. Army Corps of Engineers initiate and complete a federal rulemaking process on the existing WOTUS definition under the NWPR. This is a process that typically takes over a year to complete.

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