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®: CRE Regulatory Action of the Week

EPA and Army Respond to Supreme Court's Holding on Waters of the US Rule
The Environmental Protection Agency and the Department of the Army have published a new "Clean Water Rule: Definition of 'Waters of the United States'" on June 29, 2015. On August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the applicability of the 2015 Rule in the case brought by 13 States challenging the 2015 Rule in that court. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court. On January 22, 2018, the Supreme Court held that the courts of appeals do not have original jurisdiction to review challenges to the 2015 Rule. In the light of this litigation, the agencies have decided that the 2015 rule is effective February 6, 2018. The agencies intend to maintain the status quo by adding an applicability date to the 2015 Rule and thus providing continuity and regulatory certainty for regulated entities, the States and Tribes, and the public while the agencies continue to consider possible revisions to the 2015 Rule.

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