On July 12, 2018, the United States Environmental Protection Agency (“USEPA”) and the United States Army Corps of Engineers (“USACE”) published a “Supplemental Notice of Proposed Rulemaking” soliciting additional comments on their proposal to repeal the “Waters of the United States” rule adopted in 2015 (the “2015 Rule”). The new 30-day comment period will end on August 11.

Any rule affecting the scope of Clean Water Act jurisdiction could have significant effects on broad sectors of the economy, including land development, infrastructure projects, linear projects such as pipelines, and any other project involving discharges or wetland impacts potentially regulated under the Act.