The Federal Register today published the final “Navigable Waters Protection Rule” (NWPR), which is the Trump Administration’s new definition of “waters of the United States” (WOTUS).
Publication of the rule marks a major step forward in efforts to clarify federal jurisdiction under the Clean Water Act. Today’s milestone starts a 60-day timeline, after which the NWPR will become effective across the country. Previously, on Jan. 23, the Environmental Protection Agency and U.S. Army Corps of Engineers announced the final rule at the 2020 NAHB International Builders’ Show® in Las Vegas. On Sept, 12, 2019, the agencies rescinded the Obama-era WOTUS rule, which exceeded Congressional authority and was never fully implemented across the country.