End of Obama-era “Waters of the U.S.” rule that led to litigation, confusion, and overreach

WASHINGTON, D.C. – Today, Senator Thom Tillis (R-NC) applauded the Trump Administration for successfully rolling back the harmful Obama-era “Waters of the United States” or “WOTUS” rule and replacing it with a workable rule that clearly defines what waters fall under federal jurisdiction. 

“The Waters of the U.S. rule created under the Obama Administration was a massive government overreach that led to confusion and imposed crippling red-tape on North Carolina’s farmers and small businesses,” said Senator Tillis. “This new rule will create clearer guidance while preserving our nation’s water quality and continuing to help spur record economic growth. I applaud President Trump and his administration for these commonsense changes that will eliminate the patchwork of regulations that caused confusion and uncertainty for farmers and landowners across the country.”

The Obama-era rule was formally repealed in September 2019.

U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler today unveiled the Navigable Waters Protection Rule to replace the burdensome, Obama-era ‘WOTUS’ rule. The 'WOTUS' rule was originally developed by the Obama Administration’s EPA and the U.S. Army Corps of Engineers. The rule greatly expanded the EPA’s federal jurisdiction and scope of waterbodies subject to Clean Water Act requirements.

The Trump Administration’s Navigable Waters Protection Rule lists four categories of waters that are “waters of the United States” and subject to federal jurisdiction. It also clearly describes the types of waters that will not be considered “waters of the United States.” For example, the rule makes clear that most ditches, prior converted cropland and groundwater will not be federally regulated.

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