Deep Dive Episode 90 – The New Definition of WOTUS

The Trump Administration recently released its final rule defining “waters of the United States” under the Clean Water Act.  This rule, called the “Navigable Waters Protection Rule” is the replacement for the repealed 2015 Clean Water Rule.  For decades, the Environmental Protection Agency and the U.S. Army Corps of Engineers have struggled to define “waters of the United States” in a way that passes legal muster.  Criticism has long-focused on the alleged overreach by the agencies, the vagueness of the definition, and a disrespect for the state role in addressing clean water as envisioned by Congress.  However, many critics of the new EPA and Corps’ rule argue that it is too narrow and not properly based on science.  Please join us as our experts discuss the history of the “waters of the United States” definition, explain the new rule and what waters would be regulated, and provide their insight and perspective on the impact of this major new rule.

Daren Bakst

Director of the Center for Energy and Environment and Senior Fellow

Competitive Enterprise Institute

Tony Francois

Senior Attorney

Pacific Legal Foundation

John Paul Woodley


Advantus Strategies, LLC

Energy & Environment

Federalist Society’s Environmental Law & Property Rights Practice Group

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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