June 18, 2018

EPA, Corps will send WOTUS proposal to OMB

From: Agri-Pulse

By Steve Davies


OMB’s Office of Information and Regulatory Affairs coordinates review of proposed rules with other government agencies. OIRA has 90 days to review proposals, but the rulemaking agency or agencies can extend that review indefinitely. The latest regulatory agenda published by the administration anticipates the publication of a proposed WOTUS rule in the Federal Register by August and a final rule by November 2019.

EPA and the Corps have not released the document sent to OMB, but given the mandate to consider using Scalia’s interpretation, it is expected to define “waters” under the Clean Water Act less broadly than the Obama administration’s rule, which was issued in June 2015 and went into effect in August of that year. It was in place for just a few weeks before the Sixth Circuit Court of Appeals enjoined its implementation nationwide.

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