What Does Trump’s “Waters of the U.S.” Rollback Mean for California?

Last week, the Trump EPA announced its proposed rule to roll back the Obama administration’s 2015 “Waters of the United States” rule (“WOTUS Rule”).  Early in his tenure, Trump had announced his intent to repeal and replace the WOTUS Rule, and the proposal is, as billed, an attempt to replace the existing WOTUS Rule with a regulation that significantly limits the types of water bodies that can be considered jurisdictional “waters of the United States” under the federal Clean Water Act.  If the proposal is finalized, how will that affect us here in the Golden State? First, a brief background.  Following years of regulatory uncertainty regarding the nature of jurisdictional waters under the Clean Water Act, including U.S. Supreme Court decisions in Riverside Bayview Homes, SWANCC, and Rapanos that contributed to the confusion, the Obama administration sought to clarify the definition of “waters of the United…

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