Aug 14, 2018 Additional Joint Industry Comments on Definition of “Waters of the United States” (WOTUS)
Posted at 11:31h
in Letters and Comments
The organizations filing these comments support the Environmental Protection Agency’s and the Army Corps of Engineers’ proposal to repeal the 2015 Rule Defining Waters of the United States (“2015 Rule”), and many have submitted individual comment letters detailing reasons for supporting the proposal. This letter separately addresses an issue of particular importance to the trade groups: the effect of the Supreme Court’s decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (“SWANCC”). As EPA and the Corps move forward with this rulemaking, the agencies must recognize the limitations SWANCC imposes on jurisdiction.
