1970s-2000s

Definition Of Wotus Expands

Over several decades, the Agencies have sought to steadily expand the definition of “waters of the United States” through regulations and guidance documents. The Supreme Court has had to intervene twice to curb the Agencies’ overreach and reinforce the limits that Congress placed on their regulatory authority under the CWA.

A central tenet of the CWA is cooperative federalism – the federal government and states must work together. Any waters not regulated by the federal government are regulated by the states and local municipalities. On multiple occasions, the Supreme Court has said that both the CWA and U.S. Constitution limits the federal government’s role over the use of public and private land near bodies of water.

Obama Administration

In 2015, under the Obama Administration, EPA and the Corps finalized a new rule that defined WOTUS broadly to include nearly all waters on the landscape, and even areas that ordinarily are dry land. This rule was immediately halted due to numerous legal and technical questions and never went into effect in much of the country. Numerous courts also deemed the rule unlawful.