On February 06, 2018 (83 FR 5200), the Environmental Protection Agency (EPA) and the Department of the Army (Army) published a final rule in the federal register adding an applicability date to the “Clean Water Rule: Definition of ‘Waters of the United States’ ” published June 29, 2015 (the “2015 Rule”) of February 6, 2020. On August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the applicability of the 2015 Rule in the 13 States challenging the 2015 Rule in that court. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court. On January 22, 2018, the Supreme Court held that the courts of appeals do not have original jurisdiction to review challenges to the 2015 Rule. With this final rule, the agencies intend to maintain the status quo by adding an applicability date to the 2015 Rule and thus providing continuity and regulatory certainty for regulated entities, the States and Tribes, and the public while the agencies continue to consider possible revisions to the 2015 Rule. This rule is effective on February 6, 2018. Click on the link below to download the full version:

EPA ACE 02-06-2018 final rule USA waters definition update