Trump WOTUS Rule Vacated
On August 30, 2021, the U.S. District Court for the District of Arizona issued an order vacating the Trump administration’s 2020 “Navigable Waters Protection Rule.” That rule defined “waters of the United States,” or “WOTUS,” which determines when many Clean Water Act requirements apply. In doing so, the Rule narrowed the definition and adopted several bright-line standards.
The case is Pasqua Yaqui Tribe v. EPA, No. CV-20-00266 (D. Ariz.).
The District Court’s Order Restores the 1986 Regulations
Under the district court’s order, the Environmental Protection Agency and the U.S. Army Corps of Engineers’ 1986 regulations are effective again. These regulations were in effect for three decades, until 2015 when the Obama administration adopted the Clean Water Rule.
The District Court May Still Restore the 2015 Clean Water Rule
Still pending before the district court is the question of whether the Trump administration lawfully repealed the Obama administration’s 2015 Clean Water Rule. The 2015 Clean Water Rule broadened the definition of WOTUS compared to the 1986 regulations.
The district court will consider how to address the remaining legal issue after receiving proposals from the parties. If the district court determines that the repeal of the 2015 Clean Water Rule was unlawful, that rule would again become effective.
The District Court’s Decision Likely Will Be Appealed
The Navigable Waters Protection Rule provided valuable regulatory certainty for businesses engaged in agriculture, construction, project development, and other activities. As a result, an appeal of the district court’s decision to the Ninth Circuit is inevitable.
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For more background on the significance of the definition of “waters of the United States,” please see our past insight here.
A copy of the district court’s decision is available here.
If you have any questions about this decision or the Clean Water Act, please contact Good Steward Legal at insights@goodstewardlegal.com.
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