The new Waters of the U.S. (WOTUS) rule, issued by the U.S. EPA and Army Corps of Engineers in January as a replacement for the 2015 rule, was published in the Federal Register today which makes it effective on June 22nd. The 2015 rule was strongly opposed by the IAAP and other industry groups due to the unnecessary regulatory burden added to mining and construction projects. The new rule can be found here: 2020 WOTUS Rule. As the NSSGA, IAAP and other industry groups requested, the rule excludes ephemeral and isolated waters, pits and water treatment systems (such as settling ponds), and most ditches from the definition of federally regulated waters and provides much needed clarity to the scope of the Clean Water Act jurisdiction. The IAAP had previously filed comments in support of the proposed rule. Court challenges are expected.
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