"The Biden administration today [Thursday] moved to formally scrap President Trump’s signature Clean Water Act rule off the books.
But exactly when EPA will float a new definition for what constitutes a “water of the U.S.,” or WOTUS — and which wetlands and streams receive federal protection — is not yet clear.
EPA Administrator Michael Regan and Jaime Pinkham, a top Biden official overseeing the Army Corps of Engineers, signed a proposed rule today that would scrap the Trump-era Navigable Waters Protection Rule, which pulled back protection for many wetlands and streams across the country, and replace it with more restrictive pre-2015 rules. The proposal is open to public comment for 60 days upon being published in the Federal Register.
Regan in a statement noted that “whiplash” from shifting definitions of WOTUS has created uncertainty and that his agency is continuing outreach to find a definition that protects public health and the environment, including downstream communities, while supporting agriculture and other industries reliant on clean water."
Hannah Northey reports for E&E News November 18, 2021.
"Biden Moves to Restore Water Protections Lost Under Trump" (Bloomberg Environment)