EPA is facing a regulatory countdown for amendments to the “Revised Definition of ‘Waters of the United States'” (WOTUS) rule.
EPA has now submitted a package of amendments to the Office of Management and Budget (OMB) for their review, although the specifics of these changes have not been disclosed. This action follows a restriction placed on EPA’s power to regulate wetlands by the U.S. Supreme Court.
Additionally, the EPA has won a reprieve to postpone its appeal against an injunction that stopped the enforcement of the WOTUS rule in 24 states, as guided by a verdict from the Eight Circuit Court of Appeals. The rule’s enforcement has also been halted in Texas and Idaho.
Through a court filing, the EPA has proposed that their amended rule could focus the issues of the case more effectively, enabling those involved in the lawsuit to respond to the revised rule without engaging in unwarranted litigation.
EPA is expected to release the new rule by Sept. 1, with a deadline from the court to offer a progress report on the matter by Sept. 15.