KMK Law Real Estate Blog

On October 22, 2019, the U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) published their final rule repealing the 2015 “Waters of the United States” (WOTUS) rule.  The repeal will be effective on December 23, 2019.  The breadth of the WOTUS rule affects which water bodies and wetlands are subject to pollution protection under the federal Clean Water Act.  In late 2018, EPA and the Corps issued a proposed WOTUS rule to narrow the definition of WOTUS, and solicited public comment.  The new WOTUS rule is not expected to be finalized until 2020, and is ...