	Brief History of the 2015 Clean Water Rule

The Clean Water Act (CWA) is the principal federal law governing pollution of the nation's surface waters. The CWA protects "navigable waters," defined in the statute as "waters of the United States, including the territorial seas." Thus, in implementing the CWA, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined the term in regulations. In 2001 and 2006, the Supreme Court issued rulings pivotal to the definition of WOTUS— Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers and Rapanos v. United States , respectively. Both rulings interpreted the scope of the CWA more narrowly than the Corps and EPA had done previously in regulations and guidance, but they created uncertainty about the intended scope of waters that are protected by the CWA. On June 29, 2015, the Corps and EPA finalized the rule—known as the Clean Water Rule or WOTUS rule. It reflects over 1 million public comments on the 2014 proposed rule as well as input provided through public outreach efforts that included over 400 meetings with diverse stakeholders. It focused on clarifying the regulatory status of waters with ambiguous jurisdictional status following the Supreme Court's rulings, including isolated waters and streams that flow only part of the year and nearby wetlands. Environmental groups were supportive but also faulted parts of the final rule. Current Status of the 2015 Clean Water Rule

Currently, the 2015 Clean Water Rule is in effect in 22 states and enjoined in 28 states (see Figure 2 ). In states where the 2015 Clean Water Rule is enjoined, regulations promulgated by the Corps and EPA in 1986 and 1988, respectively, are in effect. Since the 2015 Clean Water Rule was finalized, its implementation has been influenced both by the courts and administrative actions. Court Actions

Following issuance of the 2015 Clean Water Rule, industry groups, more than half the states, and several environmental groups filed lawsuits challenging the rule in multiple federal district and appeals courts. Specifically, on August 27, 2015, the U.S. District Court for the District of North Dakota issued a preliminary injunction on the 2015 Clean Water Rule in the 13 states challenging the rule in that court. In October 2015, the U.S. Court of Appeals for the Sixth Circuit ordered a nationwide stay of the 2015 Clean Water Rule and later ruled (in February 2016) that it had jurisdiction to hear consolidated challenges to the rule. However, in January 2018, the Supreme Court unanimously held that federal district courts, rather than appellate courts, are the proper forum for filing challenges to the 2015 Clean Water Rule. Accordingly, on February 28, 2018, the appeals court vacated its nationwide stay. According to the preamble of the 2018 Applicability Date Rule, the agencies' intention in adding an applicability date to the 2015 Clean Water Rule was to maintain the legal status quo and provide clarity and certainty for regulated entities, states, tribes, agency staff, and the public regarding the definition of waters of the United States while the agencies work on revising the 2015 Clean Water Rule. Administrative Actions

The Administration has also taken steps to rescind and revise the 2015 Clean Water Rule. On February 28, 2017, President Trump issued an executive order directing the Corps and EPA to review and rescind or revise the rule and to consider interpreting the term navigable waters as defined in the CWA in a manner consistent with Justice Scalia's opinion in Rapanos . On July 27, 2017, the agencies proposed a rule that would "initiate the first step in a comprehensive, two-step process intended to review and revise the definition of 'waters of the United States' consistent with the Executive Order." The first step proposes to rescind the 2015 Clean Water Rule and re-codify the regulatory definition of WOTUS as it existed prior to the rule. On July 12, 2018, the Corps and EPA published a supplemental notice of proposed rulemaking to clarify, supplement, and seek additional comment on the agencies' proposed repeal. The agencies have not yet issued a final step-one rule. On December 11, 2018, the Corps and EPA announced a proposed step-two rule that would revise the definition of WOTUS. Some Members have introduced the following free-standing legislation and provisions within appropriations bills that would repeal the 2015 Clean Water Rule, allow the Corps and EPA to withdraw the rule without regard to the Administrative Procedures Act, or amend the CWA to add a narrower definition of navigable waters . H.R. The conference report—as released on December 11, 2018, and agreed to in the Senate—did not contain a provision to repeal the 2015 Clean Water Rule. However, the Senate-passed version does not include that provision. The House-passed version of H.R. Two House-passed appropriations bills ( H.R.
The Clean Water Act (CWA) is the principal federal law governing pollution of the nation's surface waters. The statute protects "navigable waters," which it defines as "the waters of the United States, including the territorial seas." The scope of the term waters of the United States, or WOTUS, is not defined in the CWA. Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined the term in regulations several times as part of their implementation of the act.
Two Supreme Court rulings (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers and Rapanos v. United States), issued in 2001 and 2006 (respectively), interpreted the scope of the CWA more narrowly than EPA and the Corps had done previously in regulations and guidance. However, the rulings also created uncertainty about the intended scope of waters that are protected by the CWA. In 2014, the Corps and EPA proposed revisions to the existing 1980s regulations in light of these rulings. After reviewing over 1 million public comments and holding over 400 meetings with diverse stakeholders, the Corps and EPA issued a final rule in June 2015. The final rule—the Clean Water Rule—focused on clarifying the regulatory status of waters with ambiguous jurisdictional status following the Supreme Court rulings, including isolated waters and streams that flow only part of the year and nearby wetlands.
Since the Clean Water Rule was finalized in 2015, its implementation has been influenced both by the courts and administrative actions. Following issuance of the 2015 Clean Water Rule, industry groups, more than half the states, and several environmental groups filed lawsuits challenging the rule in multiple federal district and appeals courts. A federal appeals court ordered a nationwide stay of the 2015 Clean Water Rule in October 2015 and later ruled that it had jurisdiction to hear consolidated challenges to the rule. In January 2018, the Supreme Court unanimously held that federal district courts, rather than appellate courts, are the proper forum for filing challenges to the 2015 Clean Water Rule. As a result, the appeals court vacated its nationwide stay. Three district courts have issued preliminary injunctions on the 2015 Clean Water Rule effective in the states challenging the rule in those courts. Accordingly, the 2015 Clean Water Rule is currently enjoined in 28 states and in effect in 22 states. In states where the 2015 Clean Water Rule is enjoined, regulations promulgated by the Corps and EPA in 1986 and 1988, respectively, are in effect.
The Trump Administration has taken actions to delay implementation of the 2015 Clean Water Rule and rescind and replace it:
In February 2018, the Corps and EPA published a rule that added an "applicability date" to the 2015 Clean Water Rule delaying implementation until February 2020. However, environmental groups and states filed lawsuits challenging the 2018 Applicability Date Rule, and in August 2018, a district court issued a nationwide injunction. The Trump Administration has also taken steps to rescind and replace the 2015 Clean Water Rule. In February 2017, President Trump issued Executive Order 13778 directing the Corps and EPA to review and rescind or revise the rule and to consider interpreting the term navigable waters in a manner consistent with Justice Scalia's opinion in Rapanos, which proposed a narrower test for determining WOTUS. In July 2017, the Corps and EPA published a proposed rule that would "initiate the first step in a comprehensive, two-step process intended to review and revise the definition of 'waters of the United States' consistent with the Executive Order." The proposed step-one rule would rescind the 2015 Clean Water Rule and re-codify the regulatory definition of WOTUS as it existed prior to the rule. In July 2018, the agencies published a supplemental notice of proposed rulemaking to solicit comment on additional considerations supporting the agencies' proposed repeal. A final step-one rule has not been issued. On December 11, 2018, the Corps and EPA announced a proposed step-two rule that would revise the definition of WOTUS.
In the 115th Congress, some Members have introduced free-standing legislation and provisions within appropriations bills that would either repeal the 2015 Clean Water Rule, allow the Corps and EPA to withdraw the rule without regard to the Administrative Procedures Act, or amend the definition of navigable waters in the CWA. Two bills—H.R. 2 and H.R. 6147—have each passed the House and Senate in different forms. The House-passed versions of both bills would repeal the 2015 Clean Water Rule, while the Senate-passed versions of both bills do not include such provisions. The conference report for H.R. 2, released on December 11, 2018, did not include a provision to repeal the 2015 Clean Water Rule.