On January 23, 2020 the EPA and Department of the Army finalized the “Navigable Waters Protection Rule” (NWPR) to define “waters of the United States” (WOTUS). The new rule finalizes a two-step process to replace the 2015 Clean Water Rule, which also re-defined WOTUS. The NWPR will become effective 60 days after it is published in the Federal Register. The NWPR seeks to “streamline the definition so that it includes four simple categories of jurisdictional waters, provides clear exclusions for many water features that traditionally have not been regulated, and defines terms in the regulatory text that have never been defined before.” ESA’s team of environmental permitting specialists are reviewing the NWPR to understand how it may affect our clients and their projects, including the potential jurisdictional status of various aquatic features. Please feel free to reach out to us, via the form below or through your ESA Project Manager, with your questions, comments and concerns.

The announcement of the NWPR, fact sheet and pre-publication version of the rule can be found at the links below.
NWPR Announcement
NWPR Fact Sheet
NWPR Pre-Publication Version

Since 1969, ESA has been assisting federal clients with meeting regulatory requirements based on science, policy, and planning. Learn more about our team of specialists and the services we provide.