District Court Vacates Delay of Applicability of 2015 Definition of "Waters of the United States"

August 22nd, 2018 by Ann Rippe

Applicability Change Summary
The U.S District Court for the South Carolina District, Charleston Division, is issuing a nationwide vacatur of the February 6, 2018 (83 FR 5200) final rule which delayed, until February 6, 2020, the implementation of the version of the definition of "Waters of the United States" that was codified in the June 29, 2015 (80 FR 37054) Clean Water Rule and is used when determining applicability of oil discharge, oil pollution prevention, and NPDES permit requirements. Although the vacatur is nationwide, in the 24 states where there are court injunctions against the 2015 Clean Water Rule, the vacatur does not supersede those injunctions, with the effect that the 2015 definition of "Waters of the United States" now applies in 26 states while it does not apply in the other 24 states. The EPA and the Army Corps of Engineers have not yet officially withdrawn the February 6, 2018 final rule from the Code of Federal Regulations.

For the full text of S.C. Coastal Conservation League, et al. v. EPA, e, click here.

Related Citations
40 CFR 112.2; 40 CFR 122.2

Ann Rippe

Manager of Regulatory Services