On August 28, 2015, the Waters of the U.S. ("WOTUS") rule, which determines what waters are subject to the federal Clean Water Act, went into effect.
On October 9, just six weeks later, an appellate court halted implementation of the rule while legal challenges to the rule were resolved in the courts.
Most significant for Florida, the WOTUS rule would decide what waters are considered federal wetlands. Such wetlands require a permit from the Corps before they can be altered, and also involve review under the Endangered Species Act.
Gunster attorney Greg Munson told Law360 earlier this year that the rule will require more water be categorized as “waters of the U.S.” and thus developers in the state will be subjected to federal permitting and mitigation requirements more often than they already are.
The court’s stay may only be in place for a matter of weeks, however, until it determines whether it had jurisdiction to enter the stay. If the court concludes it lacks such jurisdiction, then the stay will be dissolved while the litigation continues.
The Oct. 9 ruling raises real questions about whether the rule will ultimately survive the court’s scrutiny.
Find out more on this topic:
- EPA and Army Corps of Engineers finalize 'Waters of the U.S.' rule (Gunster.com, alerts, 5/28/15)
- Controversial 'Waters of the U.S.' rule to impact Florida business (Gunster.com, news, 7/27/15)
- Court halts implementation of controversial EPA 'Waters of U.S.' regulation (Gunster.com, alerts, 10/9/15)
Image courtesy of tharkul @ FreeDigitalPhotos.net
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