Federal government’s ‘waters’ definition stirs homebuilders, farmers; awaits Supreme Court decision

Last December, the Environmental Protection Agency and the Department of the Army announced a new rule to clarify what constitutes “waters of the United States,” also known as WOTUS, under the Clean Water Act. The rule, which enforces wider federal protections for navigable waters, seas, interstate waters and upstream waters, like wetlands, takes effect on March 20. 

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