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Waters of the U.S.

The Latest On: Waters of the U.S.

August 30, 2021 | Legal Document

WOTUS - Order Remand and Vacate (August 2021)

On August 30, 2021, a U.S District Court for the District of Arizona said Trump’s Navigable Waters Protection Rule is illegal and should be vacated. The ruling restores protections for thousands of waterways across the Nation. It represents the culmination of a lawsuit brought by six federally recognized Indian tribes, who are represented by Earthjustice and sued the Environmental Protection Agency (EPA) and Army Corps of Engineers for passing a rule that eliminated Clean Water Act protections for thousands of waterbodies by redefining them as not “waters of the US.”

April 21, 2021 | In the News: E&E News

About-face: Army Corps to consult with tribes on WOTUS

Stu Gillespie, Attorney, Rocky Mountain Office, Earthjustice: "It is further proof that the Trump administration's abrupt decision to forgo any consultation with the tribes on the Rosemont mine [jurisdictional determination] was not just unlawful, but based on irresponsible and indefensible policy. The corps must own up to this error by revoking the Rosemont JD and consulting with the tribes before undertaking any action."

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