ARTBA Reiterates WOTUS Concerns at EPA Industry Listening Session

What happened: At a Feb. 28 listening session hosted by the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps), ARTBA called the agencies’ current implementation of the Waters of the United States (WOTUS) rule “murky at best” and said that “instead of providing clarity, the agencies are dredging up nothing but confusion and chaos.”

Why it matters: Under the Clean Water Act, transportation construction projects may require special permits to comply with environmental regulations, which carry criminal penalties for violations. Not knowing what is or is not a WOTUS can delay these permits.  ARTBA and industry allies achieved a major victory in last year’s Supreme Court Sackett vs. EPA ruling. when the Court gave clear instruction to the agencies on how to define WOTUS. Yet the agencies’ Sept. 8 final rule failed to provide a meaningful response as mandated by the court. ARTBA in comments asked for additional implementation guidance. Nearly a year later, the agencies have still not provided any.

What’s next: The agencies haven’t said whether additional implementation guidance is forthcoming. ARTBA, through its state chapter plaintiffs the Florida Transportation Builders Association and Tennessee Road Builders Association, filed a motion for summary judgment challenging the rule in North Dakota federal court. ARTBA itself is involved in challenging the rule in Texas federal court. Contact Prianka Sharma for more information.