WASHINGTON, DC: As the nation awaits a decision from the U.S. Supreme Court in SLF's case challenging the Obama EPA’s unconstitutional definition of “waters of the United States (WOTUS),” the EPA and Army Corps of Engineers are hard at work to craft a new definition that is constitutional, lawful, and workable - and we are hard at work advising them on the critical constitutional and legal questions that were at play in the Obama WOTUS regulations.
To ensure that all property owners are guaranteed predictability and transparency, the Agencies have proposed adding an applicability date to the Obama WOTUS Rule which would allow the Supreme Court time to determine which court has jurisdiction to hear any future challenges and allow the Agencies the necessary time to lawfully promulgate a new definition.
SLF filed a public comment supporting the Agencies’ proposal and explaining that without the added applicability date, the country could be thrown into turmoil regarding enforcement and compliance issues with the Clean Water Act. Such concerns affect everyone – from the everyday homeowner to the largest businesses. It is worth noting that the Agencies did not need to submit the applicability date to public comment. Because there is ongoing litigation regarding the Obama WOTUS Rule, they could have stayed implementation of the definition on their own. SLF applauds the Trump Administration’s transparency, dedication to the rule of law, and efforts to rollback the unconstitutional executive actions taken by the Obama Administration.
Click here for SLF's WOTUS Rule Drafting formal public comment