Published by ARA
The Environmental Protection Agency, Department of Army, and Army Corps of Engineers have proposed to rescind the Clean Water Rule and re-codify the regulatory text that existed prior to 2015 defining “waters of the United States.” This action would, when finalized, provide certainty in the interim, pending a second rulemaking in which the agencies will engage in a substantive re-evaluation of the definition of “waters of the United States.” The proposed rule would be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.
“We are taking significant action to return power to the states and provide regulatory certainty to our nation’s farmers and businesses,” said Administrator Scott Pruitt. “This is the first step in the two-step process to redefine ‘waters of the U.S.’ and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent and collaborative with other agencies and the public.”
The Agricultural Retailers Association is currently reviewing the proposal and will provide additional comment and analysis at a later date.