Southern Crop

Southern Crop

EPA, Corps Seek State Input on CWA ‘Waters’ Definition

EPA and the Army Corps of Engineers are asking state governors to weigh in on how the federal agencies should define the scope of the Clean Water Act (CWA) consistent with Justice Antonin Scalia’s opinion in the 2006 case Rapanos v. United States, citing the Trump administration’s driving principle of cooperative federalism.

EPA and the Corps wrote to the governors May 8 as part of a two-step process to re-codify the definition of “waters of the United States” to what it was before the Obama administration’s CWA jurisdiction and then issue a new rulemaking that revises the definition in accordance with President Donald Trump’s Feb. 28 executive order directing federal agencies to roll back the Obama-era rule.

The agencies’ proposed rule to re-codify the definition is currently undergoing White House Office of Management and Budget review.

Read more from Inside EPA

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