Source: LEXOLOGY, 10/21/19

EPA and the U.S. Army Corps of Engineers’ new rule repealing the 2015 “Clean Water Rule,” will be published in the Federal Register tomorrow. The “repeal rule” will take effect December 20, 2019, providing nationwide consistency regarding the jurisdiction of Waters of the U.S. and ending the current state-by-state patchwork of where the 2015 Clean Water Rule is in effect. As of December 20, the regulatory interpretation of Waters of the U.S. in place prior to the Clean Water Rule will be the basis for determining jurisdiction.

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