Blog: Biden Administration’s definition ‘waters of the United States’ goes into effect in select states while regulatory uncertainty continues
Controversy over the Clean Water Act definition of “waters of the United States” persists as the Biden Administration’s new rule goes into effect in 24 states, but is enjoined in the remaining 26 states, continuing the trend of regulatory uncertainty that has characterized the issue for decades. The Biden Administration’s definition of “waters of the United States” (2023 Rule) comes after definitions adopted by the Obama Administration in 2015 (the 2015 Clean Water Rule) and the Trump Administration in 2020 (the Navigable Waters Protection Rule). However, neither the 2015 Clean Water Rule nor the Navigable Waters Protection Rule were valid at the time President Biden assumed office.