Where Are We with the Law of Waters of the US?

EPA, the Corps, and the Courts

What are the new realities of the definition of “waters of the United States”—the so-called WOTUS rule—with the US Environmental Protection Agency and the US Army Corps of Engineers issuing the new WOTUS rule? How has the law changed? What are the practical effects? With lawsuits already filed to challenge the rule, what could the courts do with the rule? How should businesses deal with the uncertainty when projects need to be evaluated and permits obtained today?