
On June 9, 2021, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) announced their intent to revise the definition of “waters of the United States” (WOTUS), and reverse the Navigable Waters Protection Rule (NWPR) currently in place. At the same time, the Department of Justice is filing a motion requesting remand of the rule.
This action reflects the agencies’ intent to initiate a rulemaking process to develop a new rule that defines WOTUS and is informed by stakeholder engagement, as well as the experience of implementing the pre-2015 rule, the Obama-era Clean Water Rule, and the Trump-era Navigable Waters Protection Rule. The agencies have stated their new regulatory effort will be guided by the following considerations:
- Protecting water resources and our communities consistent with the Clean Water Act.
- The latest science and the effects of climate change on our waters.
- Emphasizing a rule with a practical implementation approach for state and Tribal partners.
- Reflecting the experience of and input received from landowners, the agricultural community that fuels and feeds the world, states, Tribes, local governments, community organizations, environmental groups, and disadvantaged communities with environmental justice concerns.




