EPA Formally Proposes WOTUS Withdrawal

The Environmental Protection Agency and the U.S. Army Corps of Engineers will formally propose to withdraw the “Waters of the U.S. Rule,” a controversial Obama-era rule on clean water.  This move will mark the end of years of efforts by farm groups to get rid of something they called a burdensome federal overreach. Politico’s Morning Ag Report says the proposed rule to withdraw WOTUS was first revealed back in June, but it hadn’t been noticed in the Federal Register. That formal step kicks off a 30-day public comment period.

Critics of the withdrawal have called for more time to weigh in on the matter. The proposed rule to withdraw WOTUS won’t have much of a noticeable effect out in the countryside. WOTUS was only in effect for a short time before the Sixth U.S. Circuit Court of Appeals put it on hold. The repeal rule is seen as a possible safety net in the event that the U.S. Supreme Court determines that the Court of Appeals didn’t have jurisdiction over the case and lifts the hold. While the repeal rule keeps the status quo, the Trump Administration will work on its own plan to decide which waters are subject to federal regulation and will reveal the plan in December.

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