As a result of a federal court ruling today, the Obama administration’s 2015 “Waters of the United States” (WOTUS) rule—which expands federal environmental permitting jurisdiction involving wetlands—is now in effect in 26 states (listed below).  AGC members in areas where the 2015 rule is in effect may have questions about what waters are jurisdictional moving forward.  AGC of America will provide additional guidance in the coming days, but we caution a measured approach for the moment as this issue is still developing and the situation may change again in short order.

 

The United States District Court for the District of South Carolina issued a ruling blocking a regulatory attempt by the Trump administration to delay enforcement of the 2015 Waters of the United States (WOTUS) rule until 2020. Earlier this year, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a rule to allow more time for the agencies to repeal and replace the 2015 WOTUS rule. Despite this court’s ruling, twenty-four states have injunctions that remain in effect and halt enforcement of the 2015 WOTUS rule within their borders. 

 

The 26 states where the 2015 WOTUS rule is now in effect are:

 

California

Connecticut

Delaware

Hawaii

Illinois

Iowa

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

New Hampshire

New Jersey

New York

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

Tennessee

Texas

Vermont

Virginia

Washington