In 2019, the EPA under President Trump and the U.S. Army Corps of Engineers repealed the ABC-opposed 2015 WOTUS rule and replaced it with the Navigable Waters Protection Rule.
In August 2020, following a federal court decision, the agencies halted nationwide implementation of the NWPR.
In December 2021, the agencies issued a proposed rule that would repeal the NWPR and restore the pre-2015 definition of WOTUS. ABC submitted comments urging the EPA and the Corps to withdraw the proposed rule.
For decades, uncertainty surrounding the scope of federal authority under the Clean Water Act has resulted in litigation, regulatory uncertainty and confusion in the business community. ABC urges EPA and the Corps to maintain the clear, concise definition of WOTUS implemented in the 2020 NWPR final rule so that its members have the information they need to comply with the law while also serving as good stewards of the environment.