The U.S. Supreme Court Jan. 13 announced it will resolve a procedural matter concerning legal challenges to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers’ controversial 2015 rule that expands federal jurisdiction over “Waters of the United States” (WOTUS).  The Court, however, will not resolve anything concerning the merits of the rule.  When and how the ultimate case against the WOTUS rule will end remains uncertain.
With litigation continuing, the Corps is not implementing the 2015 WOTUS rule. Instead, the Corps continues to use the 1986 regulations and applicable jurisdictional guidance (status quo as it existed before the new rule) in making jurisdictional determinations or taking other actions based on the definition of WOTUS.
AGC remains engaged on Capitol Hill, within the regulatory agencies, and with the Trump transition team to address its concerns with the rule.
If you have questions, please contact Leah Pilconis at [email protected] or Scott Berry at [email protected].