The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) are implementing Executive Order 13778, Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule, in two steps to provide certainty to the regulated community and the public while the agencies develop a revised definition of "waters of the United States."
1. Step One - Repeal - The agencies are proposing to establish the legal status quo in the Code of Federal Regulations, by repealing the 2015 Rule and recodifying the regulation that was in place prior to issuance of the 2015 Rule and that is being implemented now.
2. Step Two - Revise - The agencies plan to propose a new definition that would replace the approach in the 2015 Rule and the pre-2015 regulations, taking into consideration the principles that Justice Scalia outlined in the Rapanos plurality opinion.
Both proposed steps of this rulemaking process will follow the Administrative Procedure Act.