New WOTUS Slated for February Unveil

Politico reports the White House and the Environmental Protection Agency target February for the administration’s WOTUS debut. WOTUS, the Waters of the United States rule, continues its seesaw reputation since first announced during the Obama administration. The Trump administration overhauled the rule, and now, the Biden administration is doing the same. The EPA moved last month to formally remove the Trump-era rule, known as the Navigable Waters protection rule. However, the rule hasn’t been in use since a federal judge in Arizona threw it out at the end of August. The American Farm Bureau said of the Trump-era rule, that it “protects water resources, respects the law and provides greater clarity so the agencies, farmers and the public can identify regulated federal waterways.” EPA Administrator Michael Regan has said he sees flaws in both versions of the rule, and wants a “durable” definition. The comment period for the new rule closes on February 7, 2022.

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