1、 https:/crsreports.congress.gov October 23, 2019Waters of the United States (WOTUS): Repealing and Revising the 2015 Clean Water RuleBackground: What Is WOTUS? Congress passed the Clean Water Act (CWA) to restore and protect the quality of the nations surface waters (33 U.S.C. 1251 et seq.). The sta
2、tute protects “navigable waters,” which it defines as “the waters of the United States, including the territorial seas.” The CWA does not further define the term waters of the United States (WOTUS). Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined WOTUS i
3、n their regulations. However, Congresss intent as to the meaning of WOTUS has been debated and litigated for more than four decades. WOTUS Regulations and Rapanos In the 1980s, EPA and the Corps defined WOTUS to include, among other things, all waters and wetlands the use, degradation, or destructio
4、n of which could affect interstate or foreign commerce. While the Supreme Court never struck down this regulation, it held twice that the agencies exceeded their CWA authority in interpreting and applying the regulation. The Supreme Court has disagreed on WOTUSs scope. In a 2006 decision, Rapanos v.
