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Waters of the United States
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On August 28, 2015, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a proposed new rule that greatly expanded the federal jurisdiction for what is considered a “water of the United States.” 

 The National Industrial Sand Association (NISA) and dozens of other trade groups representing a wide-range of interests formed the Waters Advocacy Coalition (WAC). WAC was formed several years ago in a response to legislative and regulatory attempts to revise this rule.  This group tirelessly advocated for a common-sense rule, and provided via comments numerous examples of ways to provide clarity to the regulated public.  Unfortunately, the rule failed to accomplish that goal, as the rule left many key concepts unclear, undefined, or subject to agency discretion.  EPA’s rule represented yet another regulatory overreach under the Obama Administration, as it dramatically extended federal jurisdiction of the Clean Water Act (CWA).

 Shortly after its finalization in 2015, the rule was put on hold by the 6th Circuit Court of Appeals and under the Trump Administration the EPA and Corps formally proposed the withdrawal of the rule. This proposal would remove the Obama rule from the books and allow the current EPA to work on its own rule to define the jurisdictional reach of the Clean Water Act.  The new proposal is expected to be released before the end of 2017.

Please use the links below to navigate to the pertinent documents.