9 October 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently pending in district courts. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States.
- 9 October 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently pending in district courts. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States.
- August 28, 2015 - Since publication of the rule in the Federal
Register, numerous lawsuits were filed challenging the regulation, and several
parties sought preliminary injunctions to delay implementation of the rule. On
August 27, 2015, United States District Courts in Georgia and West Virginia
agreed with the Agencies that legal challenges to the Rule could only be brought
in the United States Court of Appeals for the 6th Circuit and therefore denied
the requests for preliminary injunction. However, the District Court for North
Dakota found that it had jurisdiction and granted the request of a number of
States and issued a decision preliminarily enjoining the Clean Water Rule.
Under the order issued by the District Court of North Dakota, the parties
that obtained the preliminary injunction are not subject to the new rule, and
instead continue to be subject to the prior regulation. In light of the order,
EPA and the Army Corps of Engineers will continue to implement the prior
regulation in the following States: Alaska, Arizona, Arkansas, Colorado, Idaho,
Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and
Wyoming. In all other States, the new Clean Water Rule is effective on August
28.
- 29 Jun 2015 - Federal Register Notice Announcing the Clean Water Rule: Definition of Waters of the United States. The effective date for the Clean Water Rule is 28 Aug 2015.
- 27 May 2015 - The Office of the Assistant Secretary of the Army for Civil Works and the U.S. Environmental Protection Agency announced the release of the Clean Water Rule.
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6 October 2014 - The comment period for the Clean Water Act proposed rule for defining "waters of the United States" was further extended until 14 November 2014. Please click here for additional information.
- 10 June 2014 - In response to numerous requests, the comment period for the Clean Water Act rule announced on 21 April 2014 was extended for 91 days until 20 Oct 2014. Please click here for the Public Notice.
- 21 April 2014 - The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency announced the publication of a joint proposed rule for the definition of Waters of the U.S. under the Clean Water Act in the Federal Register for a 90-day public comment period. For the Public Notice with additional information on the proposed rule, click here. More information on the proposed rule can also be found by National Notices and Program Initiatives.