EPA Hears More Industry Concerns About WOTUS

What happened: Industry stakeholders sought additional clarification May 29 from Environmental Protection Agency (EPA) officials over the confusing implementation of its re-written Waters of the United States (WOTUS) rule. The meeting centered on the agency’s failure to adhere to the U.S. Supreme Court’s Sackett vs. EPA decision issued one year ago and its new WOTUS rule’s ambiguity. Among industry representatives attending, pictured above left to right: Vince Messerly, Ohio Association of Home Builders; Kevin Thomas, Davey Resource Group Inc.; and Virginia Transportation Construction Alliance member Beth Patrizzi of Dewberry.

Why it matters: The lack of clear guidance from EPA on its new WOTUS rule complicates compliance efforts and planning for transportation projects. By contrast, Ms. Patrizzi described Virginia’s streamlined, transparent regulatory process that supports both environmental protection and building new transportation infrastructure.

What’s next: With the EPA and U.S. Army Corps of Engineers coordination memos set to expire June 27, the agency must now decide whether to reissue them as is or revise them. ARTBA and industry partners have repeatedly called on EPA to open a comment period before drafting any future guidance, but it has so far not done so. ARTBA’s Prianka Sharma is the contact.