June 9, 2021 | less than a minute read

Anybody up for a game of ping-pong? -- EPA/Army Corps to Repeal Navigable Waters Protection Rule

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David Crass

Managing Partner, D.C. Office, Management Committee Member, Industry Group Co-Chair, Agribusiness, Food & Beverage

Get in touch

David Crass

Managing Partner, D.C. Office, Management Committee Member, Industry Group Co-Chair, Agribusiness, Food & Beverage

The Biden Administration just announced that it intends to plunge the country back into the uncertainty of pre-2015 by repealing the USEPA/Army Corps' Navigable Waters Protection Rule, adopted in 2020. The 2020 ruled was hailed by farmers and ranchers as adhering to the contours of jurisdiction granted by Congress in the Clean Water Act and harmonizing several decisions of the US Supreme Court. This decision will begin yet another arduous rulemaking process as the regulatory ping-ponging continues.

"After reviewing the Navigable Waters Protection Rule as directed by President Biden, the EPA and Department of the Army have determined that this rule is leading to significant environmental degradation,” said EPA Administrator Michael S. Regan.