Summary: The Environmental Protection Agency and the U.S. Army Corps of Engineers have proposed rescinding the controversial “Waters of the United States” (WOTUS) rule that would have allowed the federal government to regulate almost any water imaginable, including what most people would consider to be dry land. While this overreaching rule should be on the way out, the debate as to what waters should be defined as federal waters under the Clean Water Act continues. As the EPA and Corps develop a new rule, which could take years, it’s also important to know what waters will be regulated by federal agencies in the interim. What can be done during that period to stop the unreasonable attacks on property owners? What should be a “navigable water of the United States” under any new rule? Should Congress clarify the definition of “navigable waters?” This panel will address these important questions and discuss other developments connected to the WOTUS rule, including a Supreme Court case that will be argued on October 11 that will decide which courts will hear challenges to any new rule first – and how long challengers have to file their objections.
