WOTUS Rule to Be Rescinded or Revised

The Clean Water Rule: Definition of “Waters of the United States” (WOTUS) was published in the Federal Register on June 29, 2015 and became effective on August 28, 2015.  According to the EPA, the rule was developed “to respond to an urgent need to improve and simplify the process for identifying waters that are and are not protected […]

Jurisdictional Determination

The Supreme Court today found that an “approved jurisdictional determination” whether a property contains “waters of the United States” is a final agency action and can be taken through court review. The case of the United States Army Corps of Engineers v. Hawkes Co. Inc., et al was an appeal by the Corps from the […]

Update on WOTUS

Last year (2014), EPA published a proposed rule redefining a Water of the United States.   The public comment period has closed and EPA has not yet published its final rule.  However, there was a Congressional Hearing on the proposed rule earlier this week.  As a result of the hearing, U.S. Sen. Jim Inhofe (R-OKla.), chairman […]


WOTUS Touted as Un-friendly to Small Business

Last week the Office of Advocacy of the U.S. Small Business Administration submitted comments to EPA regarding the proposed Waters of the US rule.  Included in their comments, was the statement that the Office “believes that EPA and the Corps have improperly certified the proposed rule under the Regulatory Flexibility Act (RFA) because it would have […]

SMG Presents "WOTUS" at GLI

SMG regularly participates in the Energy & Environment Committee of GLI – the Louisville Chamber of Commerce.  On Wednesday, Kori Andrews provided the committee with a presentation on the proposed rule that redefines Waters of the U.S.  A copy of Kori’s presentation can be found here.