EPA and Army Corps Issue WOTUS Guidance to Field Offices, Ignoring ARTBA Pleas for Clarity

What happened: The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) Sept. 27 issued two joint coordination memos to Corps field offices on how to implement their final Waters of the United States (WOTUS) rule.

Why it matters: The agencies claim the revised rule conforms to the Supreme Court’s May 25 ruling in Sackett vs. EPA. ARTBA disagrees, noting that the agencies’ actions fall short of the Court’s directives. ARTBA sent the EPA and the Corps a detailed comment letter, asking that they respond to specific questions in guidance.

The latest memos fail to do that, and don’t shed any light on the rule’s implementation. Nor do they offer any clarity on what the term “relatively permanent” means as it pertains to the amended rule.

What’s next: ARTBA and industry allies continue to press EPA and the Corps for clarity. The coalition will again challenge the new rule in court. Members interested in discussing the issue may contact ARTBA’s Prianka Sharma.