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Wendel Rosen’s Wendy Manley and Bruce Flushman Discuss Recent WOTUS Updates

In their byline article for The Registry titled “In California, WOTS up WOTUS?,” attorneys Wendy Manley and Bruce Flushman look at the EPA and Army Corps of Engineers recently announced rule to clarify the scope of Waters of the United States (WOTUS). The new rule annuls the 2015 Obama-era WOTUS rule, eliminating a patchwork of regulations created from numerous challenges to the rule, which resulted in inconsistent application of the rule nationwide.

Wendy and Bruce explain that California opposed the 2019 rule and has been diligent in countering federal action by expanding its authority to protect its state waters. The authors compare the recent WOTUS rule with California’s new Waters of the State (WOTS) rule, which is expected to take effect sometime in 2020.

To read the full article, please visit The Registry. (subscription required)