1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Whats Next for WOTUS: Recent Litigation and Next Steps in Redefining “Waters of the United States” October 7, 2021 On September 3, 2021, the Army Corps of Engineers (Corps) and the Environmental Protectio
2、n Agency (EPA) announced that they halted implementation of the Navigable Waters Protection Rule, which defined “waters of the United States” (WOTUS) for purposes of establishing the scope of Clean Water Act (CWA) jurisdiction. The announcement followed a federal district court decision on August 30
3、 in Pasqua Yaqui Tribe v. EPA, in which the court remanded and vacated the rule. Although the agencies had requested that the court allow implementation of the rule while they developed a new definition of WOTUS through the rulemaking process, the court instead agreed with parties challenging the ru
4、le who argued that it should be vacated immediately. The courts vacatur of the Trump-era Navigable Waters Protection Rule requires the Corps and EPA revert to an older regulatory definition while the Biden Administration undertakes its rulemaking process to redefine WOTUS. This Sidebar discusses rec
