August 28, 2015, was the effective date of a new regulation that many argue expands permitting requirements for project development and other activities near or in waterbodies. The U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“USACE”) rewrote the definition of “Waters of the United States” (“WOTUS”) under the federal Clean Water Act (the “CWA”), despite significant objections and protests received from the regulated community.1

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