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The Navigable Waters Protection Rule Narrows the Scope of Clean Water Act Jurisdiction

On January 23, 2020, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) (collectively, “Agencies”) finalized the Navigable Waters Protection Rule, which redefines the jurisdictional scope of the Clean Water Act (CWA). This completes the two-step process outlined by the Trump administration to repeal and replace the Obama administration’s Clean Water Rule. If implemented, the Navigable Waters Protection Rule would significantly affect the way waters (particularly wetlands) are regulated. This Client Alert provides context on the new rule and summarizes key changes.

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