The WOTUS Saga Continues
Ryan Elliott, an attorney in the Vorys Columbus office, recently wrote an article for the Oil & Gas Association’s OOGA Bulletin titled, “The WOTUS Saga Continues.” The article focused on the understanding of what constitutes Waters of the United States (WOTUS).
The article states:
On December 11, 2018, USEPA and the Army Corps of Engineers (the "Agencies") released a notice of proposed rulemaking proposing to revise (again) the rule defining "waters of the United States" subject to USEPA/Army Corps jurisdiction under the Clean Water Act (the "Revised WOTUS Rule"). If finalized, the Revised WOTUS Rule would apply nationwide and replace the patchwork regulatory framework for Clean Water Act jurisdiction resulting from litigation and regulatory actions surrounding the Obama Administration’s definition of WOTUS (the "2015 WOTUS Rule"). Notably, the Revised WOTUS Rule would rein-in what many viewed as a massive LLPexpansion of Clean Water Act jurisdiction under the 2015 WOTUS Rule.
To read the entire article click here.