Now is the WOTUS of Our Discontent.....
As published in IOGA of West Virginia newsletter, January 2015
"Waters of the United States" or "WOTUS" in the esoteric taxonomy of the Clean Water Act ("CWA"), is a term with which many are becoming increasingly familiar. This deceptively simple phrase is anything but simple in its application.
The oil and gas industry is increasingly experiencing the U.S. Environmental Protection Agency's ("EPA") proclivity finding CWA jurisdiction through WOTUS interpretation. New proposed regulatory language issued by the EPA and the U.S. Army Corps of Engineers ("USACE"), makes WOTUS even broader.
On April 21, 2014, the EPA and the USACE jointly proposed rules revising the definition of WOTUS in seven categories. They also created a new definition of a tributary.
What are the proposed rules on WOTUS? What is the significance and impact?
Click here to read the entire article.