Last Update :9/17/2019

WOTUS Repealed

On Sept 12, 2019​, the EPA and Department of Army published a final rule to repeal the 2015 Clean Water Rule: Definition of "Waters of the United States". This is great news for members in one of the 22 states that were not included in the nationwide stay of the 2015 WOTUS Rule.

Of particular concern for the golf industry with the 2015 Rule was the lack of clarity of key terms and definitions, such as "adjacent", "floodplain", "ordinary high water mark", and "significant nexus".

Moreover, by allowing for jurisdiction over remote, isolated feature and ephemeral washes, the 2015 Rule improperly read the word "navigable" out of the statute.

The recent action by the EPA is the first step of rescinding the Rule, thus requiring all states to follow pre-WOTUS Rule guidance provided within the Clean Water Act.

The next step is the release of new guidance clarifying Waters of the United States. Step Two is a proposal to revise the definition of “waters of the United States.” The agencies signed the proposed Step Two rule on December 11, 2018, and it was published in the Federal Register on February 14, 2019. Following a call for comments, the EPA received over 620,000 comments and these comments will be considered as they finalize the new Rule. 

We will update members once the final Rule is published in the Federal Register. 

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