EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22*

On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final rule establishing a new definition of “Waters of the United States” that are protected by the Clean Water Act. The final rule is set to take effect 60 days after publication, on June 22.

The new rule, called the “Navigable Waters Protection Rule: Definition of Waters of the U.S.,” will narrow the scope of Federal jurisdiction under the Clean Water Act. As discussed in our previous Legal Alert about the draft of the final rule, the rule will affect public agencies, private property owners and other sectors within the water, infrastructure and agricultural industries. The final rule will replace the 2015 “Clean Water Rule,” which was repealed in December 2019.

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