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Administration definitions finalized in 2015 and
now making their way through the courts.
EPA is following a two-step rulemaking process:
The agency will first finalize the repeal of the
Obama Administration’s 2015 WOTUS definition
and temporarily replace it with the original, 1986
regulatory definition.
The agency continues its work on finalizing Step 1:
the repeal of the 2015 WOTUS definition, and that
proposal should be released by the White House
sometime this month.
It is widely expected that the Trump administration’s
new WOTUS definitions, or Step 2, will be much
narrower and not automatically assert federal
jurisdiction over isolated wetlands, ephemeral
streams, and even common roadside drainage
EPA Delays New ditches, some of which were included in the 2015

WOTUS Definitions version.
A narrower WOTUS definition should mean
The Environmental Protection Agency (EPA) that fewer projects would require federal
will wait until August to release its proposed wetlands permits, which can trigger mitigation
new definitions for “waters of the United States” requirements, historic preservation reviews, or
(WOTUS), which means that the final version won’t even reviews on impacts under the Endangered
be ready until the fall of 2019. Species Act.
The proposal would replace the Obama NAHB MAY 2018

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