Administration Moves to Delay 2015 WOTUS Rule

A needed step should nationwide stay be lifted before a new rule is released

As the U.S. Supreme Court considers the 2015 Waters of the U.S. Rule jurisdiction, the White House is reviewing a proposed amendment that would delay the 2015 rule. This amendment would guarantee the administration time to propose a new WOTUS rule without the 2015 rule taking effect.

The WOTUS rule enacted under the Obama administration was halted by the courts in 2015 amid bipartisan backlash from NSSGA, industry groups and officials in over 30 states. The rule expanded the federal government’s jurisdiction over land and water use in some states by as much as 400 percent, including resources that are already regulated at the state and local level or on private land.

The Trump administration has recently proposed to withdraw that WOTUS rule and replace it with a clearer one. In fact, EPA is currently accepting comments until Nov. 28 on what should be included in a new WOTUS rule. NSSGA has submitted comments that focus on the clear exemptions needed in a new rule, such as pits and quarries, water treatment systems, dry streambeds and isolated waters. Member companies can customize this template that echoes NSSGA’s positions on WOTUS and submit to EPA online.

“NSSGA continues to support this effort so that members are not subject to the uncertainty that the 2015 WOTUS rule would have created,” said Ashley Amidon, senior director of government affairs. “NSSGA members should take advantage of this opportunity to partner with EPA in order to create a new and balanced rule.”