CC-15-007: Water – Final Rule – EPA and ACOE – Definition of “Waters of the United States”

On May 27, 2015, the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (Corps) (collectively, “the Agencies”) issued their Clean Water Rule (CWR), defining the term “waters of the United States” (WOTUS) for purposes of Clean Water Act (CWA) jurisdiction (Docket No. EPA-HQ-OW-2011-0880). The Agencies indicate that the rule defining WOTUS clarifies their jurisdiction to implement the CWA in the context of several US Supreme Court decisions.