{ "id": "R45424", "type": "CRS Report", "typeId": "REPORTS", "number": "R45424", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 588617, "date": "2018-12-12", "retrieved": "2018-12-13T14:03:10.981476", "title": "\u201cWaters of the United States\u201d (WOTUS): Current Status of the 2015 Clean Water Rule", "summary": "The Clean Water Act (CWA) is the principal federal law governing pollution of the nation\u2019s surface waters. The statute protects \u201cnavigable waters,\u201d which it defines as \u201cthe waters of the United States, including the territorial seas.\u201d The scope of the term waters of the United States, or WOTUS, is not defined in the CWA. Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined the term in regulations several times as part of their implementation of the act. \nTwo Supreme Court rulings (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers and Rapanos v. United States), issued in 2001 and 2006 (respectively), interpreted the scope of the CWA more narrowly than EPA and the Corps had done previously in regulations and guidance. However, the rulings also created uncertainty about the intended scope of waters that are protected by the CWA. In 2014, the Corps and EPA proposed revisions to the existing 1980s regulations in light of these rulings. After reviewing over 1 million public comments and holding over 400 meetings with diverse stakeholders, the Corps and EPA issued a final rule in June 2015. The final rule\u2014the Clean Water Rule\u2014focused on clarifying the regulatory status of waters with ambiguous jurisdictional status following the Supreme Court rulings, including isolated waters and streams that flow only part of the year and nearby wetlands.\nSince the Clean Water Rule was finalized in 2015, its implementation has been influenced both by the courts and administrative actions. Following issuance of the 2015 Clean Water Rule, industry groups, more than half the states, and several environmental groups filed lawsuits challenging the rule in multiple federal district and appeals courts. A federal appeals court ordered a nationwide stay of the 2015 Clean Water Rule in October 2015 and later ruled that it had jurisdiction to hear consolidated challenges to the rule. In January 2018, the Supreme Court unanimously held that federal district courts, rather than appellate courts, are the proper forum for filing challenges to the 2015 Clean Water Rule. As a result, the appeals court vacated its nationwide stay. Three district courts have issued preliminary injunctions on the 2015 Clean Water Rule effective in the states challenging the rule in those courts. Accordingly, the 2015 Clean Water Rule is currently enjoined in 28 states and in effect in 22 states. In states where the 2015 Clean Water Rule is enjoined, regulations promulgated by the Corps and EPA in 1986 and 1988, respectively, are in effect.\nThe Trump Administration has taken actions to delay implementation of the 2015 Clean Water Rule and rescind and replace it:\nIn February 2018, the Corps and EPA published a rule that added an \u201capplicability date\u201d to the 2015 Clean Water Rule delaying implementation until February 2020. However, environmental groups and states filed lawsuits challenging the 2018 Applicability Date Rule, and in August 2018, a district court issued a nationwide injunction. \nThe Trump Administration has also taken steps to rescind and replace the 2015 Clean Water Rule. In February 2017, President Trump issued Executive Order 13778 directing the Corps and EPA to review and rescind or revise the rule and to consider interpreting the term navigable waters in a manner consistent with Justice Scalia\u2019s opinion in Rapanos, which proposed a narrower test for determining WOTUS. In July 2017, the Corps and EPA published a proposed rule that would \u201cinitiate the first step in a comprehensive, two-step process intended to review and revise the definition of waters of the United States\u2019 consistent with the Executive Order.\u201d The proposed step-one rule would rescind the 2015 Clean Water Rule and re-codify the regulatory definition of WOTUS as it existed prior to the rule. In July 2018, the agencies published a supplemental notice of proposed rulemaking to solicit comment on additional considerations supporting the agencies\u2019 proposed repeal. A final step-one rule has not been issued. On December 11, 2018, the Corps and EPA announced a proposed step-two rule that would revise the definition of WOTUS. \nIn the 115th Congress, some Members have introduced free-standing legislation and provisions within appropriations bills that would either repeal the 2015 Clean Water Rule, allow the Corps and EPA to withdraw the rule without regard to the Administrative Procedures Act, or amend the definition of navigable waters in the CWA. Two bills\u2014H.R. 2 and H.R. 6147\u2014have each passed the House and Senate in different forms. The House-passed versions of both bills would repeal the 2015 Clean Water Rule, while the Senate-passed versions of both bills do not include such provisions. The conference report for H.R. 2, released on December 11, 2018, did not include a provision to repeal the 2015 Clean Water Rule.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45424", "sha1": "aea5a3e8a6a82bae867f9a039317a40af54e559f", "filename": "files/20181212_R45424_aea5a3e8a6a82bae867f9a039317a40af54e559f.html", "images": { "/products/Getimages/?directory=R/html/R45424_files&id=/1.png": "files/20181212_R45424_images_3eb47e09131eb61666c33fe9aea4860604d9f433.png", "/products/Getimages/?directory=R/html/R45424_files&id=/0.png": "files/20181212_R45424_images_8f9ab34290797a2338319b5abaf7a8de55824414.png", "/products/Getimages/?directory=R/html/R45424_files&id=/2.png": "files/20181212_R45424_images_1289e5ce48de07409713e3b90eeec6e90f862c40.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45424", "sha1": "0e40d77c4246e4ca5760991d8a7a1fac88d7be85", "filename": "files/20181212_R45424_0e40d77c4246e4ca5760991d8a7a1fac88d7be85.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4929, "name": "Water Quality" } ] }, { "source": "EveryCRSReport.com", "id": 588349, "date": "2018-12-06", "retrieved": "2018-12-11T14:17:47.715535", "title": "\u201cWaters of the United States\u201d (WOTUS): Current Status of the 2015 Clean Water Rule", "summary": "The Clean Water Act (CWA) is the principal federal law governing pollution of the nation\u2019s surface waters. The statute protects \u201cnavigable waters,\u201d which it defines as \u201cthe waters of the United States, including the territorial seas.\u201d The scope of the term waters of the United States, or WOTUS, is not defined in the CWA. Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined the term in regulations several times as part of their implementation of the act. \nTwo Supreme Court rulings (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers and Rapanos v. United States), issued in 2001 and 2006 (respectively), interpreted the scope of the CWA more narrowly than EPA and the Corps had done previously in regulations and guidance. However, the rulings also created uncertainty about the intended scope of waters that are protected by the CWA. In 2014, the Corps and EPA proposed revisions to the existing 1980s regulations in light of these rulings. After reviewing over 1 million public comments and holding over 400 meetings with diverse stakeholders, the Corps and EPA issued a final rule in June 2015. The final rule\u2014the Clean Water Rule\u2014focused on clarifying the regulatory status of waters with ambiguous jurisdictional status following the Supreme Court rulings, including isolated waters and streams that flow only part of the year and nearby wetlands.\nSince the Clean Water Rule was finalized in 2015, its implementation has been influenced both by the courts and administrative actions. Following issuance of the 2015 Clean Water Rule, industry groups, more than half the states, and several environmental groups filed lawsuits challenging the rule in multiple federal district and appeals courts. A federal appeals court ordered a nationwide stay of the 2015 Clean Water Rule in October 2015 and later ruled that it had jurisdiction to hear consolidated challenges to the rule. In January 2018, the Supreme Court unanimously held that federal district courts, rather than appellate courts, are the proper forum for filing challenges to the 2015 Clean Water Rule. As a result, the appeals court vacated its nationwide stay. Three district courts have issued preliminary injunctions on the 2015 Clean Water Rule effective in the states challenging the rule in those courts. Accordingly, the 2015 Clean Water Rule is currently enjoined in 28 states and in effect in 22 states. In states where the 2015 Clean Water Rule is enjoined, regulations promulgated by the Corps and EPA in 1986 and 1988, respectively, are in effect.\nThe Trump Administration has taken actions to delay implementation of the 2015 Clean Water Rule and rescind and replace it:\nIn February 2018, the Corps and EPA published a rule that added an \u201capplicability date\u201d to the 2015 Clean Water Rule delaying implementation until February 2020. However, environmental groups and states filed lawsuits challenging the 2018 Applicability Date Rule, and in August 2018, a district court issued a nationwide injunction. \nThe Trump Administration has also taken steps to rescind and replace the 2015 Clean Water Rule. In February 2017, President Trump issued Executive Order 13778 directing the Corps and EPA to review and rescind or revise the rule and to consider interpreting the term navigable waters in a manner consistent with Justice Scalia\u2019s opinion in Rapanos, which proposed a narrower test for determining WOTUS. In July 2017, the Corps and EPA published a proposed rule that would \u201cinitiate the first step in a comprehensive, two-step process intended to review and revise the definition of waters of the United States\u2019 consistent with the Executive Order.\u201d The proposed step-one rule would rescind the 2015 Clean Water Rule and re-codify the regulatory definition of WOTUS as it existed prior to the rule. In July 2018, the agencies published a supplemental notice of proposed rulemaking to solicit comment on additional considerations supporting the agencies\u2019 proposed repeal. A final step-one rule has not been issued. According to a statement reportedly made by the acting EPA Administrator on October 2, 2018, the agency planned to release a proposal for the step-two replacement rule sometime \u201cover the next 30 days or so.\u201d\nIn the 115th Congress, some Members have introduced free-standing legislation and provisions within appropriations bills that would either repeal the 2015 Clean Water Rule, allow the Corps and EPA to withdraw the rule without regard to the Administrative Procedures Act, or amend the definition of navigable waters in the CWA. Two bills\u2014H.R. 2 and H.R. 6147\u2014have each passed the House and Senate in different forms. The House-passed versions of both bills would repeal the 2015 Clean Water Rule, while the Senate-passed versions of both bills do not include such provisions.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45424", "sha1": "858cb033825b0329220cebb450653f3547f57cf3", "filename": "files/20181206_R45424_858cb033825b0329220cebb450653f3547f57cf3.html", "images": { "/products/Getimages/?directory=R/html/R45424_files&id=/0.png": "files/20181206_R45424_images_8f9ab34290797a2338319b5abaf7a8de55824414.png", "/products/Getimages/?directory=R/html/R45424_files&id=/1.png": "files/20181206_R45424_images_3eb47e09131eb61666c33fe9aea4860604d9f433.png", "/products/Getimages/?directory=R/html/R45424_files&id=/2.png": "files/20181206_R45424_images_02673b15838914c2e6c4d6d1e8ed574a5ba99715.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45424", "sha1": "51c27c636953a28ee6987c95b5cd9d0533b70a55", "filename": "files/20181206_R45424_51c27c636953a28ee6987c95b5cd9d0533b70a55.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4929, "name": "Water Quality" } ] } ], "topics": [ "Appropriations", "Environmental Policy" ] }